McKinney v. Pate
Court of Appeals for the Eleventh Circuit
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
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Hudson v. PalmerSupreme Court of the United States · 1984
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Parratt v. TaylorSupreme Court of the United States · 1981
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3Cited by666 opinions
- Terri Vinyard v. Steve WilsonCourt of Appeals for the Eleventh Circuit · 2002
- Hans Schink v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2019
- Watts v. Florida International UniversityCourt of Appeals for the Eleventh Circuit · 2007
- Wagner v. Daewoo Heavy Industries America Corp.Court of Appeals for the Eleventh Circuit · 2002
- Heyne v. Metropolitan Nashville Public SchoolsCourt of Appeals for the Sixth Circuit · 2011
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