procedural due process violation (South Dakota) · Go Syfert
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procedural due process violation in South Dakota

8 South Dakota opinions name it 1 courts 2001–2018 0 in the last five years

The cases below were cited by South Dakota 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 (2)

CaseFollowedCited
Osloond v. Farriergreen
sd · 2003 · cited in 5 South Dakota opinions naming this issue, 2011–2018
2 sentences

2018"To establish a procedural due process violation, a plaintiff must demonstrate that he has a protected property or liberty interest at stake and that he was deprived of that interest without due process of law." Osloond v. Farrier , 2003 S.D. 28 , ¶ 16, 659 N.W.2d 20 , 24 (per curiam) (quoting Hopkins v. Saunders , 199 F.3d 968 , 975 (8th Cir. 1999) ).

2016“To establish a procedural due process violation, a plaintiff must demonstrate that he has a protected property or liberty interest at stake and that he was deprived of that interest without due process of law.” Osloond v. Farrier, 2003 S.D. 28 , ¶ 16, 659 N.W.2d 20, 24 (quoting Hopkins v. Saunders, 199 F.3d 968 , 975 (8th Cir.1999)). “[T]he individual must be deprived of this right by a state actor.” Id. [¶ 16.] Plaintiffs invite us to weigh the public policy of peer review confidentiality against their need for evidence and of revealing instances of bad faith peer review.

45
Strain v. Rapid City School Boardgreen
sd · 1989 · cited in 1 South Dakota opinions naming this issue, 2011–2011
1 sentence

2011Bd., 447 N.W.2d 332, 336 (S.D.1989)). “ ‘To establish a procedural due process violation, [an individual] must demonstrate that he has a protected property or liberty interest at stake and that he was deprived of that interest without due process of law.’ ” Osloond v. Farrier, 2003 S.D. 28 , ¶ 16, 659 N.W.2d 20, 24 (quoting Hopkins v. Saunders, 199 F.3d 968 , 975 (8th Cir.1999)).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
cluster 767166 green
ca8 · 2000
2 sentences

2018"To establish a procedural due process violation, a plaintiff must demonstrate that he has a protected property or liberty interest at stake and that he was deprived of that interest without due process of law." Osloond v. Farrier , 2003 S.D. 28 , ¶ 16, 659 N.W.2d 20 , 24 (per curiam) (quoting Hopkins v. Saunders , 199 F.3d 968 , 975 (8th Cir. 1999) ).

2016“To establish a procedural due process violation, a plaintiff must demonstrate that he has a protected property or liberty interest at stake and that he was deprived of that interest without due process of law.” Osloond v. Farrier, 2003 S.D. 28 , ¶ 16, 659 N.W.2d 20, 24 (quoting Hopkins v. Saunders, 199 F.3d 968 , 975 (8th Cir.1999)). “[T]he individual must be deprived of this right by a state actor.” Id. [¶ 16.] Plaintiffs invite us to weigh the public policy of peer review confidentiality against their need for evidence and of revealing instances of bad faith peer review.

72001–2018
Chem-Age Industries, Inc. v. Glover green
sd · 2002
1 sentence

2014Accordingly, Morris Family has failed to meet its burden of showing “that [it] will be able to place sufficient evidence in the record at trial to support findings on all the elements on which [it has] the burden of proof.” Bordeaux, 2005 S.D. 117 , ¶ 14, 707 N.W.2d at 127 (quoting Chem-Age Indus., Inc., 2002 S.D. 122 , ¶ 18, 652 N.W.2d at 765 ) (internal quotation marks omitted).

12014–2014
Bordeaux v. Shannon County Schools green
sd · 2005
1 sentence

2014Accordingly, Morris Family has failed to meet its burden of showing “that [it] will be able to place sufficient evidence in the record at trial to support findings on all the elements on which [it has] the burden of proof.” Bordeaux, 2005 S.D. 117 , ¶ 14, 707 N.W.2d at 127 (quoting Chem-Age Indus., Inc., 2002 S.D. 122 , ¶ 18, 652 N.W.2d at 765 ) (internal quotation marks omitted).

12014–2014
Krentz v. Robertson Fire Protection District green
ca8 · 2000
1 sentence

2014Dist., 282 N.W.2d 610 , 613 n. 1, 614 (S.D.1979) (explaining that the Department of Labor’s “jurisdictional base is lost if appellant’s grievance is not timely filed in accordance with the grievance procedure”; and noting that “the trial court could have no better jurisdiction than that of the [Department]”); Krentz v. Robertson, 228 F.3d 897 , 904 (8th Cir. *434 2000) (citations omitted) (“[A]n employee waives a procedural due process claim by refusing to participate in post-termination administrative or grievance procedures made available by the state.”). [¶ 31.] We reverse the circuit court

12014–2014
Schloe v. Lead-Deadwood Independent School District No. 106 green
sd · 1979
1 sentence

2014Dist., 282 N.W.2d 610 , 613 n. 1, 614 (S.D.1979) (explaining that the Department of Labor’s “jurisdictional base is lost if appellant’s grievance is not timely filed in accordance with the grievance procedure”; and noting that “the trial court could have no better jurisdiction than that of the [Department]”); Krentz v. Robertson, 228 F.3d 897 , 904 (8th Cir. *434 2000) (citations omitted) (“[A]n employee waives a procedural due process claim by refusing to participate in post-termination administrative or grievance procedures made available by the state.”). [¶ 31.] We reverse the circuit court

12014–2014

Where else courts name it

IL 104 (1976–2026) TX 74 (1979–2025) CA 66 (1963–2024) WI 55 (1972–2025) PA 52 (1958–2025) WA 51 (1976–2025) OH 46 (1991–2026) MN 40 (1986–2025) CT 38 (1976–2026) NM 38 (1989–2026) NJ 29 (1972–2026) MI 29 (1978–2025) CO 29 (1988–2026) KS 28 (2002–2026) FL 28 (1983–2025) IA 25 (1979–2022) ID 24 (1990–2024) ME 20 (1995–2024) IN 19 (1976–2026) MO 18 (1976–2019) NY 17 (1979–2026) AZ 16 (1981–2019) UT 14 (2004–2026) NH 13 (1987–2025) MA 13 (1992–2022) VA 13 (1971–2025) WV 13 (1978–2018) NC 11 (1984–2024) MS 11 (1997–2021) AL 11 (1989–2025) LA 11 (1972–2018) MD 11 (1999–2013) MT 10 (2000–2016) GA 10 (1995–2023) TN 9 (1998–2023) VT 9 (1999–2025) RI 9 (1994–2015) DE 8 (1989–2025) OK 8 (1982–2022) SC 8 (1997–2025) SD 8 (2001–2018) OR 7 (1999–2014) DC 6 (1982–2007) HI 6 (1982–2015) NV 5 (1995–2021) AR 5 (1999–2025) KY 4 (2012–2026) NE 4 (1989–2020) AK 4 (2013–2023) WY 3 (2006–2020) ND 2 (2019–2025) VI 2 (2015–2025)

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.

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