Dist. Ct. did not err in dismissing for failure to state valid claim, plaintiff’s section 1983 action alleging that defendant-City’s six-month delay between conducting property inspection and issuance of ordinance citation for overgrowth of weeds on plaintiff’s property constituted violation of her procedural due process rights. Record showed that plaintiff and her counsel appeared at hearing in which ALJ found existence of ordinance violation based on two photographs taken at time of property inspection. While plaintiff asserted that said delay in issuance of citation hindered her ability to mount effective defense, plaintiff cannot show that she was deprived of any property at any time prior to hearing, where ALJ fined plaintiff $640. As such, instant delay, by itself, cannot constitute due process violation, and plaintiff did not otherwise establish that hearing was constitutionally deficient. Moreover, instant six-month delay did not rise to level of substantial prejudice.
Federal 7th Circuit Court
Civil Court
Due Process