Due Process Violation

By: Derek Hawkins//November 6, 2018//

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7^th Circuit Court of Appeals

Case Name: Nanette Tucker v. City of Chicago, et al.

Case No.: 17-2480

Officials: EASTERBROOK, KANNE, and BRENNAN, Circuit Judges.

Focus: Due Process Violation

Does a six month delay between a property inspection and notice of a municipal ordinance citation violate due process? The district court said no, dismissing plaintiff-appellant Nanette Tucker’s amended complaint for failure to state a procedural due process claim under 42 U.S.C. § 1983. It also rejected her alternative theory that the City of Chicago misinterpreted the ordinance’s plain text.

We affirm. The administrative and judicial proceedings available for Tucker to challenge her citation satisfied due process, and the accuracy of the city’s interpretation of its ordinance does not implicate the U.S. Constitution. Given Tucker’s failure to allege facts supporting a plausible violation of her due process rights, dismissal under Federal Rule of Civil Procedure 12(b)(6) was appropriate.

Affirmed

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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.

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