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Zinermon Vs. Burch
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- US Supreme Court
- Jan 01, 1990
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U.S. 113 (1990) U.S. Supreme Court Zinermon v. BurchSearch
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U.S. 113 (1990) Zinermon v. BurchSearch
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The court granted petitioners' motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), relying on Parratt v. TaylorSearch
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U. S. 527 , and Hudson v. PalmerSearch
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unauthorized violation of the Florida statutes governing admission of mental patients. Their argument rests on Parratt v. TaylorSearch
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U. S. 527 (1981) (overruled in part, not relevant here, by Daniels v. WilliamsSearch
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U. S. 327 , 474 U. S. 330 -331 (1986)), and Hudson v. PalmerSearch
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it, too, relied on Parratt and Hudson. Burch v. ApalacheeSearch
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Janet v. PotterSearch
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articulated in Monroe v. PapeSearch
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U. S. 167 (1961) (overruled in part not relevant here, Monell v. NewSearch
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action is taken. Id. at 474 U. S. 338 (STEVENS, J., concurring in judgments). A plaintiff, under Monroe v. PapeSearch
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of a hearing before the State deprives a person of liberty or property. See, e.g., Cleveland Board of Education v. LoudermillSearch
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Memphis Light, Gas & Water Div. v. CraftSearch
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hearing, or a common law tort remedy for erroneous deprivation, satisfies due process. See, e.g., Logan v. ZimmermanSearch
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Mitchell v. W.TSearch
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the Parratt rule comes into play. Parratt and Hudson represent a special case of the general Mathews v. EldridgeSearch
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seriously dispute that there is a substantial liberty interest in avoiding confinement in a mental hospital. See Vitek v. JonesSearch
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support in precedent for a categorical distinction between a deprivation of liberty and one of property. See Lynch v. HouseholdSearch
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in Ingraham v. WrightSearch
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an institution. Confinement of such a person not only violates Florida law, but also is unconstitutional. O'Connor v. DonaldsonSearch
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effect a deprivation, and had the power to provide the plaintiff with a hearing before they did so. See, e.g., Watts v. BurkhartSearch
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Wilson v. CivilSearch
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Fetner v. CitySearch
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Freeman v. BlairSearch
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Patterson v. CoughlinSearch
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Bretz v. KelmanSearch
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Wolfenbarger v. WilliamsSearch
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to deprivations effected by the very state officials charged with providing predeprivation process. See, e.g., Vinson v. CampbellSearch
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HolIoway v. WalkerSearch
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Yates v. JamisonSearch
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Wadhams v. ProcunierSearch
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Toney-El v. FranzenSearch
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Collins v. KingSearch
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whether Parratt applies to deprivations of liberty as well as deprivations of property rights. Compare McRorie v. ShimodaSearch
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F.2d 780, 786 (CA9 1986), and Conway v. VillageSearch
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of Mount Kisco, 758 F.2d 46, 48 (CA2 1985), with Wilson v. BeebeSearch
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