Archive for the ‘Due Proces Rights’ Category

11th Circuit Implies Five Minute Time Limitation Inadequate Due Process

The 11th Circuit Court of U.S. Appeals recently reversed a grant of a motion to dismiss and remanded Kupke v. Orange County, Florida, Case No. 08-10814 finding that the complaint adequately alleged a deprivation of property resulting from state action and that further proceedings were necessary to determine whether post-deprivation due process was meaningful and adequate to allow the property owners an opportunity to recover the property taken without due process due to a 5 minute limitation to present their case at the hearing pre-deprivation.

Keep reading for GZB’s summary of Kupke v. Orange County, Florida, Case No. 08-10814, decided September 8, 2008.

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