Rebirth Christian Academy Daycare, Inc. v. Brizzi

In section 1983 action alleging that defendants violated plaintiff-Christian daycare’s due process rights, when they revoked plaintiff’s registration due to alleged violations of various statutes and regulations without providing opportunity to be heard on issue, Dist. Ct. erred in dismissing plaintiff’s individual capacity claims against defendants, after finding that defendants were entitled to qualified immunity. While Dist. Ct. found that defendants were entitled to qualified immunity because applicable state procedures did not provide for administrative appeals, and thus defendants did not act contrary to established law for refusing to give plaintiffs any hearing on said violations, Ct. of Appeals found that defendants were not entitled to qualified immunity because law was clear that due process required that plaintiff be given pre-deprivation hearing, where plaintiff had property interest in registration as child care ministry. Fact that administrative scheme did not provide for some sort of pre-deprivation hearing did not require different result, where defendants could have arranged for such hearing, and plaintiff's opportunity to remedy any alleged violations before losing its registration was not same as giving plaintiff opportunity to contest said violations.