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Publication Date

7-1991

Document Type

Casenote

Abstract

In Zinermon v. Burch, the Supreme Court addressed whether an adequate postdeprivation state tort law remedy provided all the process that was due to a federal claimant seeking redress for the alleged deprivation of his liberty by the wanton and reckless acts of officials charged by the State with providing predeprivation process. The majority, in an opinion written by Justice Blackmun, held that, when the erroneous deprivation was effected by the very officials responsible under state law for providing predeprivation process, the officials may not escape liability by claiming that it is impossible for the State to provide predeprivation process.

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Torts Commons

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