Is Procedural Due Process Triggered?
Procedural due process protections only apply to deprivations of life, liberty, and property, and do not extend to “all cases of unwelcome official decisions about individuals . . . .”[204] As the Supreme Court stated in Board of Regents of State Colleges v. Roth, “the range of interests protected by procedural due process is not infinite.”[205] Two preliminary investigations will verify that the Due Process Clause applies: (1) the deprivation at issue must be individualized as opposed to policy-based,[206] and (2) the deprivation must implicate a liberty or property interest.[207] Absent these elements, the Due Process Clause does not protect against the claimed injury.
