(Download) "Mckinney V. Pate" by Eleventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free

eBook details

Title: Mckinney V. Pate
Author : Eleventh Circuit U.S. Court of Appeals
Release Date : January 05, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

Description

This case presents the following issue: whether, under the Fourteenth Amendment, a government employee possessing a state-created property interest in his employment states a substantive due process claim, rather than a procedural due process claim, when he alleges that he was deprived of that employment interest by an arbitrary and capricious non-legislative government action. For ten years, as a panel of this court noted in this case,*fn1 the law of this circuit has been that an employee alleging such a termination states a substantive due process claim. This circuit's law, however, diverges from Supreme Court precedent and affords protection not provided by the substantive component of the Fourteenth Amendment's Due Process Clause. Today, we return this circuit's due process jurisprudence to a proper footing and hold that the government action contested here does not give rise to a substantive due process claim.