Failure of Due Process

Due Process is a right promised to all American citizens by the United States Constitution. It states that no person shall be “deprived of life, liberty or property without due process of law.” As the only clause that is in the Constitution twice (5th amendment and 14th amendment), its importance is obvious. It requires that all aspects of the American Government must act within the law and provide fair procedures. Often, failure of process is thought of as failing to provide procedures for appealing a decision.

In one of our own cases for example, Wooleyhan v. Cape Henlopen School District, a student was falsely accused of a crime and suspended. The school district failed to provide an opportunity for the student to challenge the accusations against him. This is a classic example of procedural due process. However there are other types, such as substantive due process. For more information, the Cornell University Law School provides this article on Due Process.

DC Civil Rights Due Process

Photo Credit: su_shorter_edu

 If you believe you have been a victim of Due Process Violations, Contact Us immediately.