316
Stevens, J., dissenting
state procedure is merely a remedy; because it does not provide the predeprivation process that is "due," it does not avoid the constitutional violation. In such cases, like this one, § 1983 provides a federal remedy regardless of the adequacy of the state remedy. Monroe v. Pape, 365 U. S., at 183.
IX
The Court's judgment of affirmance is supported by five different opinions. Significantly, none of them endorses the reasoning of the Court of Appeals, and none of them commands a majority. Of greatest importance, in the aggregate those opinions do not reject my principal submission: the Due Process Clause of the Fourteenth Amendment constrains the power of state governments to accuse a citizen of an infamous crime.
I respectfully dissent.
where the State is truly unable to anticipate and prevent a random deprivation of a liberty interest, postdeprivation remedies might satisfy due process"); Daniels v. Williams, 474 U. S., at 342 (Stevens, J., concurring in judgments) (noting that Parratt could defeat a procedural due process claim that alleged a deprivation of liberty when "a predeprivation hearing was definitionally impossible"); Ingraham v. Wright, 430 U. S. 651, 701 (1977) (Stevens, J., dissenting) (disagreeing with the Court's holding that the State's postdeprivation remedies for corporal punishment in the schools satisfied the Due Process Clause, but noting that "a postdeprivation remedy is sometimes constitutionally sufficient").
Page: Index Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51Last modified: October 4, 2007