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Due Process

Aug 5, 2015

Former App State football player accused of rape can move forward with suit

A former football player at Appalachian State University can move forward with parts of his case against the school, a federal judge has ruled. The former student, Lanston Tanyi, claims that the school violated his due process rights after two female students accused Tanyi and others of rape. The accusations against Tanyi stemmed from two […]

Jun 18, 2014

NC Supreme Court denies unaware father’s due process claim, but majority says decision not a new sex-is-notice-of-pregnancy rule

The biological father of a child whose mother never informed him of the pregnancy and listed a false name under the putative father section of the child’s adoption paperwork will not be able to challenge the adoption, the North Carolina Supreme Court has ruled. The court ruled 4-3 in favor of the adoptive parents, finding […]

Feb 22, 2013

Taxation – Constitutional – Foreign Trust – N.C. Beneficiaries – Commerce Clause & Due Process – First Impression

Kimberly Rice Kaestner 1992 Trust v. North Carolina Department of Revenue The court can find no binding case law upholding the constitutionality of G.S. § 105-160.2, so there is at least a colorable argument that North Carolina’s imposition of a tax on a foreign trust based solely on the presence of a beneficiary in the state does not conform to the Due Process Clause, the Commerce Cla[...]

Oct 4, 2012

Administrative – Medicaid – Fraud Investigation – Payment Suspension – ‘Good Cause’ Determination – Constitutional – Due Process

Team Daniel, LLC v. North Carolina Department of Health & Human Services, Division of Medical Assistance 42 C.F.R. § 455.21(a)(1) says Medicaid payments must be suspended during the investigation of a credible allegation of fraud unless good cause is found for not suspending payments or suspending them in part only. The chief of the Division of Medical Assistance Program Integrity Behavi[...]

Aug 8, 2012

Domestic Relations – Equitable Distribution — Pretrial Order – Set Aside Ex Mero Motu – Delay – Constitutional – Due Process

Plomaritis v. Plomaritis Eighteen months after an equitable distribution trial, and without prior notice to the parties, the trial court, on its own motion, set aside the pretrial order that contained the parties’ detailed stipulations as to marital and divisible property. The trial court abused its discretion.

Jul 11, 2012

Municipal – Zoning – Auto Salvage Business – Alleged Oral Contracts – Due Process – County Code Violations — Environmental – Adjacent Superfund Site

Huggins, t/a SADISCO of Md. v. Prince George’s County, Md. A property owner who operated a salvage automobile wholesaling business on a parcel adjacent to Andrews Air Force Base’s CERCLA Superfund site, and whose business was cited for numerous county code violations, loses an appeal of the dismissal of its due process and state law claims against Prince George’s County, Md., for sh[...]

Jun 21, 2012

Criminal Practice – Habeas Corpus – Constitutional – Due Process – References to Religion – Church-Service Robbery

Deyton v. Keller Although the trial judge at defendants’ trial for armed robbery of Sunday worship services at a North Carolina church made references to religion, those references did not violate defendants’ right to due process, as defendants’ choice to target a church during weekly services “imbued their crime with an undeniably religious character”; the 4th Circuit denies de[...]

Jun 14, 2012

Civil Rights – Constitutional – Due Process – Exculpatory Evidence – Withheld by Police – Civil Practice – Statutes of Limitations & Repose – Qualified Immunity –Tort/Negligence – Obstruction of Justice

Chapman v. Rhoney Even though North Carolina has a 10-year statute of repose for personal injury claims, the statute of repose does not apply to Reconstruction-Era civil rights claims.

Jun 7, 2012

Criminal Practice – Satellite-Based Monitoring – Constitutional – Due Process – Notice – Right to Travel

State v. Manning Where the letter sent to defendant by the Department of Correction informed defendant of both the hearing date and the specific category of G.S. § 14-208.40(a) under which he fell, the letter adequately protected defendant’s due process rights.

May 30, 2012

Labor & Employment – Public Employees – Schools & School Boards – Constitutional – Due Process – Tort/Negligence

Leardini v. Charlotte-Mecklenburg Board of Education The defendant-school board’s director of employee relations conceded that she had “no idea” whether plaintiff would have been terminated if he had been allowed a hearing. Additionally, school board policy states, “Any form of unwelcome or inappropriate physical contact with a student … is grounds for discipline, up to and incl[...]

May 1, 2012

Real Property – Municipal – Wrongful Demolition – Mobile Homes – Housing Code Violations – Constitutional – Due Process

Patterson v. City of Gastonia The owners of six demolished mobile homes had adequate alternative remedies for redress of their claim. Someone who is not a property’s owner of record cannot claim that his due process rights were violated because the city failed to investigate his ownership. Finally, mobile home owners cannot bring inverse condemnation claims because mobile homes are pers[...]

Mar 29, 2012

Real Property – Constitutional – Due Process – Municipal – Nuisance Notice – Beachfront Cottages – Storm Damage

Sansotta v. Town of Nags Head After the ocean breached Seagull Drive and a hole developed in the roadway, the defendant-town’s decision to erect a barricade blocking access to Seagull Drive (and plaintiffs’ cottages) was substantially related to public safety and was not arbitrary or irrational. Likewise, the police chief’s instruction to plaintiffs’ contractors to move to the saf[...]

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