Procedural Due Process

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7^th Circuit Court of Appeals

Case Name: John Simpson v. Brown County, et al.

Case No.: 16-2234

Officials:  ROVNER, WILLIAMS, and HAMILTON, Circuit Judges.

Focus: Procedural Due Process

This appeal presents a classic test of procedural due process. As the case comes to us, we must assume that a county board revoked a man’s professional li- cense without giving him prior notice or an opportunity to be heard. Plaintiff John Simpson installed and repaired septic systems in the county until June 14, 2013, when his license to do so was revoked by the Brown County Board of Health.

Simpson then brought this action under 42 U.S.C. § 1983 against Brown County, the Brown County Health Department, and the Brown County Board of Health (collectively, “the County”). Simpson alleged he was deprived of property without due process of law and sought compensatory dam- ages for his loss of income. After prolonged procedural fencing over the pleadings, the district court dismissed Simpson’s operative complaint under Federal Rule of Civil Procedure 12(b)(6). The district court’s theory was that post-deprivation remedies under state law, such as common-law judicial re- view, satisfied the Fourteenth Amendment’s due process requirement and that Simpson had not availed himself of such remedies. Simpson appeals that decision. Taking Simpson’s allegations as true, we hold (1) that Simpson has plausibly alleged that he was denied the pre-deprivation notice and hearing he was due; and (2) that even if the evidence ultimately shows the County had some basis for summary action, the County has not shown there is an adequate post-deprivation remedy under state law, whether in the form of common-law judicial review or anything other. We reverse and remand for further proceedings.

Reverse and remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.