What is the test for a procedural due process claim?

MultiRegion, United States of America

The following excerpt is from Narumanchi v. Board of Trustees of Connecticut State University, 850 F.2d 70 (2nd Cir. 1988):

1. Due Process. Appellant's contention is without merit as it relates to the procedural due process claim because it misperceives the legal framework under which such a claim is analyzed. The analysis proceeds in two steps. The threshold issue is always whether the plaintiff has a property or liberty interest protected by the Constitution. See Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972). If a protected interest is identified, a court must then consider whether the government deprived the plaintiff of that interest without due process. The second step of the analysis thus asks what process was due to the plaintiff, and inquires whether that constitutional minimum was provided in the case under review. See Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976).

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