Legal Opinion

McKinney v. Pate

Court of Appeals for the Eleventh Circuit

Decided May 5, 1994No. 91-3416PublishedCited by 666 opinions

1Opinion of the Court

TJOFLAT, Chief Judge:

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,1 the law of this circuit has been that an employee alleging such a termination states a substantive due process claim. This circuit’s…

2Cases cited47 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Hudson v. PalmerSupreme Court of the United States · 1984
  4. Daniels v. WilliamsSupreme Court of the United States · 1986
  5. Parratt v. TaylorSupreme Court of the United States · 1981

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3Cited by666 opinions

  1. Terri Vinyard v. Steve WilsonCourt of Appeals for the Eleventh Circuit · 2002
  2. Hans Schink v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2019
  3. Watts v. Florida International UniversityCourt of Appeals for the Eleventh Circuit · 2007
  4. Wagner v. Daewoo Heavy Industries America Corp.Court of Appeals for the Eleventh Circuit · 2002
  5. Heyne v. Metropolitan Nashville Public SchoolsCourt of Appeals for the Sixth Circuit · 2011

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