Procedural Due Process Civil
SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
ANNOTATIONS
The Requirements of Due Process.—Although due process tolerates variances in procedure “appropriate to the nature of the case,”751 it is nonetheless possible to identify its core goals and requirements. First, “[p]rocedural due process rules are meant to protect persons not from the deprivation, but from the mistaken or unjustified deprivation of life, liberty, or property.”752 Thus, the required elements of due process are those that “minimize substantively unfair or mistaken deprivations” by enabling persons to contest the basis upon which a state proposes to deprive them of protected interests.753 The core of these requirements is notice and a hearing before an impartial tribunal. Due process may also require an opportunity for confrontation and cross-examination, and for discovery; that a decision be made based on the record, and that a party be allowed to be represented by counsel.
(1) Notice. “An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”754 This may include an obligation, upon learning that an attempt at notice has failed, to take “reasonable followup measures” that may be available.755 In addition, notice must be sufficient to enable the recipient to determine what is being proposed and what he must do to prevent the deprivation of his interest.756 Ordinarily, service of the notice must be reasonably structured to assure that the person to whom it is directed receives it.757 Such notice, however, need not describe the legal procedures necessary to protect one’s interest if such procedures are otherwise set out in published, generally available public sources.758
(2) Hearing. “[S]ome form of hearing is required before an individual is finally deprived of a property [or liberty] interest.”759 This right is a “basic aspect of the duty of government to follow a fair process of decision making when it acts to deprive a person of his possessions. The purpose of this requirement is not only to ensure abstract fair play to the individual. Its purpose, more particularly, is to protect his use and possession of property from arbitrary encroachment . . . .”760 Thus, the notice of hearing and the opportunity to be heard “must be granted at a meaningful time and in a meaningful manner.”
THERE HAS BEEN AN UN-NATURAL COMMUNITY CONCERN WITH RESPECT TO AN INHERITANCE OF WHICH I AM NOTED AS THE RIGHTFUL-HEIR" THIS IN AND OF IT'S SELF - WOULD AFFORD ME THE RIGHT TO DUE PROCESS AND THE SERVICE OF NOTICE OF PRECEEDINGS DUE TO COMMENCE - OF WHICH I NEVER RECEIVED NOR WAS I EVER SERVED A NOTICE OF ANY LEGAL -COURT PROCEEDING - IN FACT NOT ONLY WAS I INTENTIONALLY -DENIED THIS RIGHT TO DUE PROCESS - BUT IN MY CASE THESE "BAD-ACTORS " INTERCEPTED MY MAIL AND THUS I WAS NEVER ALLOWED MY RIGHT TO BE NOTIFIED - THIS CASE THEN BEGAN TO CONDUCT A LEGAL HEARING AGAINST ME - AS AN HEIR? MEANT TO CREAT AN UN-FAIR- ONE-SIDED FALSE NARRATIVE OF WHO I AM , AND ALSO TO TRY AND STEAL PROPERTY , FUNDS AND MISC -ITEMS BEING PASSED-DOWN TO ME , AS A TRUSTED CREDIBLE AND TRUST-WORTHY STEWARD OF ANYTHING DEEMED AND INTENDED FOR ME TO AQUIRE. HOWEVER AS I LOOKED FOR INFORMATION PERTAINING TO ANY INFORMATION IN REGARDS TO SUCH A HEARING I WAS NOT AT THE TIME AWARE THAT THESE HEARINGS WERE INTENTIONALLY BEING HIDDEN FROM ME AMD THAT MY MAIL HAD BEEN ILLEGALLY INTERCEPTED AND RE-ROUTED ELSEWHERE OR A COPY OF MY MAILBOX KEY WAS SHARED WITH OTHER ILLEGAL AGENTS WHO SOMEHOW HAD A THEORY OF RECEIVING THROUGH DECIETFUL AND ILLEGAL MISCONDUCT LEAD ILL-GOTTEN GAIN FROM AN INHERITANCE THAT WAS NEVER THEIRS TO GAIN FROM IN THE FIRST PLACE - IN ADDITION TO THESE ENGREGIOUS ACTIONS I THEN BECAME THE TARGET OF NON-ENDING ABUSES , OF MY RIGHT'S TO PRIVACY WITHIN MY OWN BEDROOM -BATHROOM AND ALSO ILLEGAL MONITORING THROUGH ILLEGALLY PLACED SURVIELLANCE CAMERA'S IN MY APARTMENT - WHICH THEY ALSO USED TO VIOLATE ME SEXUALLY WHEN RECORDING AND THEN SHARING VIDEO OF ME BATHING WHICH I DID NOT NOR WOULD NEVER HAVE GIVEN ANY CONSENT TO . THERE HAVE ALSO BEEN NUMEROUS LAW ENFORMENT AND LEGAL AGENTS ALLOWED TO VIOLATE MY LEGAL RIGHT TO PRIVACY AS A WITNESS IN MY BEDROOM WHICH CONSIDERING THAT I AM NOT ON TRIAL BUT AM THE HEIR TO AN ESTATE ONE IN WHICH THESE GREEDY CONSPIRING -CONS HAVE ALREADY ILLEGALLY PROFITTED OFF OF ATLEAST 1 TIME PRIOR AND ARE NOW BY THEIR CONSTANT AND ANNOYING MISCONDUCT IN RESPECTING ME AND DENYING ME THE SAME RIGHT'S THAT THEY THEM SELVES HAVE SWORN AN OATH TO UPHOLD - YET NOW BRAZENLY AND FREQUENTLY VIOLATE TO THE POINT WHERE THERE ARE NOW KNOWINGLY CAUSING ME TO SUFFER MENTAL ANGUISH , AND MENTAL -DURESS . THE"Y COME ON THE PREMISSES OFTEN ALONG WITH A GROUP OF "Practitioners" WHO REGULARLY PREFORM BLACK MAGIC- WITCH SPELLS USING GRAVE-YARD DIRT , CANDLE-MAGIC- BONDING -SPELLS ETC ALL MEANT TO INTENTIONALLY CAUSE ME TO SUFFER A LOSS OF WHAT THEY INTEND WOULD BE BENEFICIAL IN SECURING MORE ILL- GOTTEN- GAIN OF FUNDS MEANT FOR ME, NOT TO MENTION THAT THERE ARE A FEW WHO ACTUALLY LIVE IN A HOME THAT WAS LEFT TO ME AND IS IN MY NAME ! YET DUE TO THE REFUSAL TO SURRENDER PROPERTY THAT IS LEGALLY MINE AND THE REFUSAL TO SURRENDER FUNDS THAT ARE LEGALLY MINE , I AM NOW FORCED TO LIVE IN A LOTHE RIGHTFUL GEIR W-INCOME APT THAT THEY BRAZENLY RETURN TO ON A REULAR- NIGTHTLY BASES SO THAT THEY CAN ILFLICT PAIN AND SUFFERING UPON THE RIGHTFUL -HEIR TO AN INHERITANCE A HOME AND MORE THAT BUT FOR THERE ILLICIT CORRUPT ACTIONS AGAINST ME I WOULD BE LIVING IN MY OWN HOME THAT THEY HAVE ACCESS TO AND ALL OF THESE VIOLATIONS AND ABUSES AGAINST ME ON A DAILEY/NIGHTLY BASES WOULD NOT EVEN BE OCCURING EXCEPT NOW AS THEY HAVE MOTIVE TO COME AND AGGRESSIVLY ATTEMPT TO ABUSE A WITNESS AND DEPRIVE A RIGHTFUL HEIR OF AN INHERITANCE THAT IS RIGHTFULLY MINE YET THESE GREEDY PREDATORS AND BULLIES FEEL THAT THEY ARE MORE DESERVING OF IT THAN I AM PLUS THEY REALLY WANT TO KEEP ME FROM BEING ABLE TO HAVE ACCESS TO THE CASE WHICH IS MY RIGHT UNDER DUE PROCESS - AND TO BE ABLE TO STAND -UP FOR MYSELF AND HAVE MY FACTS PLACED ON THE COURT RECORD FAIRLY,LEGALY AND WITH-OUT THE TREAT OF RECOURSE AGAINST ME AS A WITNESS FOR DOING SO.........
+++ALSO NOTE THE SAME PERSON WHO IS INVOLVED WITH MY EX IS ALSO -THE ONE WHO THEN PLACED ME ON A HIT-LIST AND TRIED TO CARRY OUT A HUMAN SACRAFICE JUST TO GET ME OUT OF THE WAY SINCE SHE COULD NOT COMPETE WITH A 60 YR OLD -VUNERABLE DISABLED -"BLACK-WOMANN" FOR THE LOVE OF THE MAN WHOM SHE THOUGHT THAT SHE DESERVED TO HAVE MORE THAN I DID +++ #STALKING #MALISCIOUS #HARASSMENT #HATECRIME +++ ALSO NOTE SHE ALSO HAS ATTEMPTED TO GET ME FIRED FROM A JOB THAT I VOLUNTEER AT ... AND WAHTS TO SEE ME BECOME HOMELESS AND PENNYLESS -SO SHE ENGAGES IN SPELL-WORK TO TRY AND CAST NOTHING BUT BAD UPON A DEFENSELESS -ELDERLY WOMAN WHO IS BEING FINANCIALLY -EXPLOITED BY THIS THEIF AND HER BANCHY OF -OTHER 'S WHO ARE JUST AS GREEDY VENGEFULL AND JUST AS MANYICAL AS SHE IS .... STEALING MY MAIL, CONSTANTLY STANDINDG OVER MY BED CASTING SPELLS OUT OF JEALOUSY AND STALKING /WATCHING MY EVERY-MOVE .... WHAT KIND OF WOMAN DOES THIS TYPE OF INSANITY JUST TO KEEP A MAN ..... cray-cray OH AND SHE LIED AND HAD A RESTRAINING -ORDER DONE AT HIS APT WHICH WAS WHERE HE LIVED AND I ONLY VISITED JUST 6 MONTHS AGO - ALL TO CONTROL OUR UNION .... YET SHE CLAIMS TO NEED AN ORDER OF PROTECTION ? LOL YEAH RIGHT ! I AM BEING TORTURED DAY AND NIGHT AND SHE IS THE ONE WHO IS ACTUALLY DOING THE EXTREMELY INTRUSIVE- ABUSIVE - HARASSMENT /STALKING /COCK-BLOCKING /SHAMING /SHARING MY NAKED PICS ON THE DARK WEB MAKING FAKE ONLINE PROFILES USING PICS SHE STOLE FROM HACKING INTO MY LAPTOP! - IT'S HER DOING THE DOMESTIC VIOLENCE NOT ME ! LYING UNDER OATH MAKING FALSE STATEMENT S ABOUT ME UNDER OATH TRYING TO STEAL MY MONEY !!
(1) Notice. “An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”754 This may include an obligation, upon learning that an attempt at notice has failed, to take “reasonable followup measures” that may be available.755 In addition, notice must be sufficient to enable the recipient to determine what is being proposed and what he must do to prevent the deprivation of his interest.756 Ordinarily, service of the notice must be reasonably structured to assure that the person to whom it is directed receives it.757 Such notice, however, need not describe the legal procedures necessary to protect one’s interest if such procedures are otherwise set out in published, generally available public sources.758
(2) Hearing. “[S]ome form of hearing is required before an individual is finally deprived of a property [or liberty] interest.”759 This right is a “basic aspect of the duty of government to follow a fair process of decision making when it acts to deprive a person of his possessions. The purpose of this requirement is not only to ensure abstract fair play to the individual. Its purpose, more particularly, is to protect his use and possession of property from arbitrary encroachment . . . .”760 Thus, the notice of hearing and the opportunity to be heard “must be granted at a meaningful time and in a meaningful manner.”761
(3) Impartial Tribunal. Just as in criminal and quasi-criminal cases,762 an impartial decisionmaker is an essential right in civil proceedings as well.763 “The neutrality requirement helps to guarantee that life, liberty, or property will not be taken on the basis of an erroneous or distorted conception of the facts or the law. . . . At the same time, it preserves both the appearance and reality of fairness . . . by ensuring that no person will be deprived of his interests in the absence of a proceeding in which he may present his case with assurance that the arbiter is not predisposed to find against him.”764 Thus, a showing of bias or of strong implications of bias was deemed made where a state optometry board, made up of only private practitioners, was proceeding against other licensed optometrists for unprofessional conduct because they were employed by corporations. Since success in the board’s effort would redound to the personal benefit of private practitioners, the Court thought the interest of the board members to be sufficient to disqualify them.765
