post-deprivation hearing (Pennsylvania) · Go Syfert
← Pennsylvania issues

post-deprivation hearing in Pennsylvania

12 Pennsylvania opinions name it 3 courts 1987–2025 4 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
D.C. v. Department of Human Servicesgreen
pacommwct · 2016 · cited in 2 Pennsylvania opinions naming this issue, 2019–2019
2 sentences

2019Additionally, "a person whose name is entered into the ChildLine Registry as a perpetrator of child abuse is entitled to a clear and unequivocal notice of his or her right to a post-deprivation hearing as a matter of due process." D.C. v. Dep't of Human Servs. , 150 A.3d 558 , 570 (Pa. Cmwlth. 2016) ( en banc ).

2019Additionally, “a person whose name is entered into the ChildLine Registry as a perpetrator of child abuse is entitled to a clear and unequivocal notice of his or her right to a post-deprivation hearing as a matter of due process.” D.C. v. Dep’t of Human Servs., 150 A.3d 558, 570 (Pa. Cmwlth. 2016) (en banc).

12
cluster 699217green
ca3 · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025Veit v. N. Wales Borough, 800 A.2d 391, 398 (Pa. Cmwlth. 2002);8 see also McDaniels v. Flick, 59 F.3d 446, 460 (3d Cir. 1995) (rejecting a claim that due process has been denied where the discharged employee “has not taken advantage of his right to a post- deprivation hearing before an impartial tribunal that can rectify any possible wrong committed by the initial decisionmaker”).

11
Veit v. North Wales Boroughgreen
pacommwct · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025Veit v. N. Wales Borough, 800 A.2d 391, 398 (Pa. Cmwlth. 2002);8 see also McDaniels v. Flick, 59 F.3d 446, 460 (3d Cir. 1995) (rejecting a claim that due process has been denied where the discharged employee “has not taken advantage of his right to a post- deprivation hearing before an impartial tribunal that can rectify any possible wrong committed by the initial decisionmaker”).

11
Fuentes v. Shevingreen
scotus · 1972 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
2 sentences

2023Washington further notes that when this Court decided Johnson, the 2019 amendment to Act 84 was already in effect.14 Moreover, even if the amended version Act 84 can be read to conflict with the due process requirements articulated in 14 Although the 2019 Amendment to Act 84 was in effect when this Court issued Johnson in October of 2020, we did not mention the amendment or otherwise discuss its text. [J-32-2023] - 16 Montañez, Bundy, and Johnson, Washington suggests that the legislature “cannot legislate away [his] right to be heard on the rate increase[,] and the Commonwealth Court’s displac

2023Washington contends that it is wholly unremarkable that many claims by incarcerated individuals will ultimately prove to be meritless, arguing that due process in this context guarantees the opportunity to seek a remedy, not the remedy itself.16 He points out that Montañez did not require the DOC “to implement a deduction policy that permitted ‘exceptions to its across-the board 20% rate of deduction.’” Id. at 25 (quoting Montañez, 773 F.3d at 486 ).

11
Commonwealth, Unemployment Compensation Board of Review v. Cejagreen
pa · 1981 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Verbonitz cited with approval Justice Flaherty's concurring opinion in Unemployment Compensation Board of Review v. Ceja, 427 A.2d 631, 647 (Pa. 1981), which stated that: “f]undamental due process requires that no adjudication be based solely on hearsay evidence.” If more than “rank hearsay” is required in an administrative context, the standard must be higher in a criminal proceeding where a person may be deprived of his liberty.

11
Bhalerao v. Illinois Department of Financial & Professional Regulationsgreen
ilnd · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018See Horvat, 563 A.2d at 1310-11 ; see also The Summit Academy v. Department of Human Services, (Pa. Cmwlth., No. 257 C.D. 2015, filed December 12, 2015) (unreported), slip op at 14-17; 3 Bhalerao v. Illinois Department of Financial & Professional Regulations, 834 F.Supp.2d 775, 787-88 (N.D.

11
Horvat v. DEPT. OF STATE PRO. & OCC. AFF.green
pacommwct · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018See Horvat, 563 A.2d at 1310-11 ; see also The Summit Academy v. Department of Human Services, (Pa. Cmwlth., No. 257 C.D. 2015, filed December 12, 2015) (unreported), slip op at 14-17; 3 Bhalerao v. Illinois Department of Financial & Professional Regulations, 834 F.Supp.2d 775, 787-88 (N.D.

11
R. v. Com., Dept. of Public Welfaregreen
pa · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016The court posited that the state’s significant interest in protecting children from abuse and neglect could be fulfilled by other means such as by the criminal justice system and the Division’s authority to physically remove children from dangerous environments. 11 liberty interest is more straightforward because in Pennsylvania reputation is expressly protected in Sections 1 and 11 of Article I of the Pennsylvania Constitution.14 Citing Sections 1 and 11, our Supreme Court has held that reputation is “a fundamental interest which cannot be abridged without compliance with constitutional stand

11
Gilbert v. Homargreen
scotus · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
2 sentences

2003See, e.g., Gilbert v. Homar, 520 U.S. 924, 931 , 117 S.Ct. 1807, 1812 , 138 L.Ed.2d 120 (1997).

2003See, e.g., Gilbert v. Homar, 520 U.S. 924, 931 , 117 S.Ct. 1807, 1812 , 138 L.Ed.2d 120 (1997).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Cleveland Board of Education v. Loudermill green
scotus · 1985
2 sentences

2025It claims that “notice and an opportunity to be heard” before being placed on the ChildLine Registry, provides all the necessary process that is due and aligns with the U.S. Supreme Court’s ruling in Loudermill, 470 U.S. at 542 - 43.

1987Id. at 542 n. 7.

21987–2025
Bundy, K., Aplt v. Wetzel green
pa · 2018
1 sentence

2023Bundy, 184 A.3d at 559 . [J-32-2023] - 63

12023–2023
Commonwealth Ex Rel. Buchanan v. Verbonitz green
pa · 1990
2 sentences

2023Buchanan v. Verbonitz, 525 Pa. 413 , 581 A.2d 172 (1990), that hearsay alone is not sufficient to make out a prima facie case, unlike here, where even there was a post-deprivation hearing – the criminal trial.

2023Buchanan v. Verbonitz, 525 Pa. 413 , 581 A.2d 172 (1990), that hearsay alone is not sufficient to make out a prima facie case, unlike here, where even there was a post-deprivation hearing – the criminal trial.

12023–2023
Montanez v. Secretary Pennsylvania Department of Corrections green
ca3 · 2014
1 sentence

2023Washington contends that it is wholly unremarkable that many claims by incarcerated individuals will ultimately prove to be meritless, arguing that due process in this context guarantees the opportunity to seek a remedy, not the remedy itself.16 He points out that Montañez did not require the DOC “to implement a deduction policy that permitted ‘exceptions to its across-the board 20% rate of deduction.’” Id. at 25 (quoting Montañez, 773 F.3d at 486 ).

12023–2023
Bruce Brown and Daniel Charest v. Department of Justice and Immigration & Naturalization Service green
cadc · 1983
2 sentences

1999In Brown and Charest v. Department of Justice and Immigration & Naturalization Service, 715 F.2d 662 (D.C.Cir.1983), the D.C.

1999In Brown and Charest v. Department of Justice and Immigration & Naturalization Service, 715 F.2d 662 (D.C.Cir.1983), the D.C.

11999–1999
Barry v. Barchi green
scotus · 1979
2 sentences

1999In Barry v. Barchi, 443 U.S. 55 , 99 S.Ct. 2642 , 61 L.Ed.2d 365 (1979), Barchi was a horse trainer whose license was suspended for 15 days when a horse in his' possession tested positive for drugs post-race.

1999In Barry v. Barchi, 443 U.S. 55 , 99 S.Ct. 2642 , 61 L.Ed.2d 365 (1979), Barchi was a horse trainer whose license was suspended for 15 days when a horse in his' possession tested positive for drugs post-race.

11999–1999
Federal Deposit Insurance v. Mallen green
scotus · 1988
2 sentences

1999In Federal Deposit Insurance Corporation v. Mallen, 486 U.S. 230 , 108 S.Ct. 1780 , 100 L.Ed.2d 265 (1988), the United States Supreme Court held that an indictment alone was sufficient to deny a bank president of a pre-deprivation hearing, but that a post-deprivation hearing was required to be held in a meaningful manner and at a meaningful time in order to meet due process requirements.

1999In Federal Deposit Insurance Corporation v. Mallen, 486 U.S. 230 , 108 S.Ct. 1780 , 100 L.Ed.2d 265 (1988), the United States Supreme Court held that an indictment alone was sufficient to deny a bank president of a pre-deprivation hearing, but that a post-deprivation hearing was required to be held in a meaningful manner and at a meaningful time in order to meet due process requirements.

11999–1999
Patsy v. Board of Regents of Fla. green
scotus · 1982
2 sentences

1995To adopt the majority’s interpretation of Parratt would be the same as saying a plaintiff has to exhaust his or her administrative remedies before bringing a Section 1983 action, a view expressly rejected by the Supreme Court in Patsy v. Board of Regents of the State of Florida, 457 U.S. 496 , 102 S.Ct. 2557 , 73 L.Ed.2d 172 (1982).

1995To adopt the majority’s interpretation of Parratt would be the same as saying a plaintiff has to exhaust his or her administrative remedies before bringing a Section 1983 action, a view expressly rejected by the Supreme Court in Patsy v. Board of Regents of the State of Florida, 457 U.S. 496 , 102 S.Ct. 2557 , 73 L.Ed.2d 172 (1982).

11995–1995

Statutes the citing opinions construe

PA § 23 Pa. Cons. Stat. § 6341 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 12 (1987–2025) CA 7 (1975–2018) NJ 7 (1983–2008) TX 6 (1990–2015) FL 4 (1992–2010) IL 4 (1980–1993) DC 4 (1987–2017) GA 4 (1988–1997) MN 3 (1990–2019) CO 3 (1989–1994) RI 3 (1994–2006) MO 3 (1996–2007) AZ 3 (1992–2011) ND 3 (1999–2002) NM 3 (1993–2009) OH 3 (1991–2001) WA 3 (1986–2014) NY 2 (2020–2022) UT 2 (1997–2002) MS 2 (1997–1999) AL 2 (2018–2018) TN 2 (2003–2025) NC 2 (2010–2010) IN 2 (1982–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check