Simpson v. Brown County

Federal 7th Circuit Court
Civil Court
Due Process
Citation
Case Number: 
No. 16-2234
Decision Date: 
June 26, 2017
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Reversed and remanded

Dist. Ct. erred in dismissing plaintiff’s section 1983 action against defendants-County and County’s Health Dept. and Bd. of Health, alleging that defendants' revocation of plaintiff’s license to install septic systems deprived him of due process, because said revocation occurred without notice and without hearing. While Dist. Ct. believed that section 1983 relief was unavailable because state law provided plaintiff with adequate remedies, record failed to show that any state-court action could compensate plaintiff for income he allegedly lost when his license was terminated, even though state-court action could reinstate his septic license. Moreover, allegations in plaintiff’s complaint satisfied factors set forth in Mathews, 424 U.S. 319, which requires that plaintiff be given some process prior to deprivation of his property, where: (1) plaintiff had strong private interest in his ability to earn livelihood; (2) record demonstrated high risk that someone like plaintiff could have his license revoked without warning since instant ordinance vested broad discretion in county officer to determine when septic installer violated vague rules; and (3) nothing in record suggested that septic problems associated with plaintiff were so serious or urgent to justify instant summary action taken by defendants.