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Civil Procedure I
University of Illinois School of Law
Kordik, Ellen R.

I. Due Process of Law
a. Notice
i. Introduction
1. American Procedure
a. Good
i. Obtaining evidence
ii. Reaching truth
iii. Leveling playing field between rich and poor
b. Bad
i. Resolving issues quickly or inexpensively
ii. Protection for Life, Liberty, and Property
1. Sources
a. 5th Amendment
i. No person shall be deprived or life, liberty, or property without due process of law
b. 14th Amendment
i. No state should deprive a person of life, liberty, or property without due process of law
2. Inquiry – 1) is due process followed, and 2) is the applicable rule followed?
3. Elements of a claim – taking of life, liberty, or property and state action
4. Cases
a. Cleveland Board v. Loudermill, SCOTUS 1984
i. Court uses Matthew balancing test, where the plaintiff’s interest in retaining employment is weighted against the defendant’s interest in terminating a unsatisfactory employee, and the risk of error
ii. There must be a hearing, though not elaborate, and should be an initial check against mistaken decisions; need notice and opportunity to respond
b. Due Process Revolution
i. Sniadach v. Family Finance Corporation
1. Owed money for eyeglasses and it was taken from paycheck before an opportunity for a response means nothing without notice
ii. Fuentes v. Shevin
1. Replevin allowed for pretrial repossession in which creditor and debtor both had some interest
2. Not okay because there was no notice
iii. Mitchell v. W.T. Grant
1. Statute of replevin is okay because it required judicial discretion
iv. North Georgia
1. the seizing of a bank account does not give suitable due process because there was no judicial hearing
v. Connecticut v. Doehr
1. SCOTUS says that real property can not be attached
vi. Shaumyan v. O’Neill
1. 2nd Circuit says mechanics lien is different because they have a greater interest in the house
vii. Gilbert v. Homar
1. SCOTUS distinguishes from Loudermill, suspended without pay is different from firing
2. University has a strong interest in not have police officers who are drug dealers, while the police officer has the interest of getting due process. The fact that there was an arrest takes away some of the risk that there will be an error. The case is saying that due process is flexible
iii. Constitutional Requirements for the Notice Due
1. Rule 4 states how to serve a defendant
a. (

t prejudice; plaintiff can file again and attempt service
2. Cases
a. Mullane v. Central Hanover Bank
i. Due process requires notice be reasonably calclulated and reliable means of acquainting parties
ii. Where the identities and parties can be reasonably ascertained, individual notice is required [Mullane] b. Greene v. Lindsey, SCOTUS 1982
i. Following Mullane – where publishing notice is only good for those you can’t find:
ii. Holding: 1)due process requires notice reasonably calculated, under all the circumstances to apprise interested parties of the pendency of the action and afford them an opportunity to present their objection, and 2) a reliable means of acquainting interested parties of the fact that their rights are before the courts
iii. An objective test where we focus on the manner and means – actual notice is not enough if it wasn’t reasonably calculated, and sometimes due process can be fulfilled without actual knowledge of notice