Brennan v. United States

To deny recovery in this case is unthinkable. Such action would directly violate the Fifth Amendment in two respects. It would deprive plaintiff of property without due process of law, and it would involve the taking of private property without just compensation.

That can’t be done against an individual, much less against a State.

The defendant admits that neither the State, county, nor any of their oificers or agents were made parties to the proceeding. How can they be bound?

The defendant says that some of the State or county officers knew about the proceeding. Are we to have citation by rumor…