Case Sheets: Administrative Due Process - Rhode Island Affiliate, ACLU (American Civil LIberties Union)

THE RHODE ISLAND ACLU AND THE RIGHT TO ADMINISTRATIVE DUE PROCESS

While the right to due process is most often associated with criminal defendants, it also ensures that government agencies and municipalities proceed fairly when dealing with citizens in their day-to-day dealings with the bureaucracy. Below are some Affiliate cases that have addressed the right to administrative due process over the years:

1982: City of Providence v. Beckman -- Successful challenge in Municipal Court to ordinance allowing for tripling of unpaid parking fines prior to a hearing at which the fines could be contested.

1983: Malagrino v. Miceli -- Successful federal lawsuit brought on behalf of a member of Westerly Planning Board who was summarily removed by the Town Council without a hearing.

1986: LaTour v. Amaral -- Lawsuit challenging a state commission’s procedures for valuating motor vehicles for tax purposes; favorably settled.

1987: Donahue and Lawson v. Dept. of MHRH -- Favorably settled federal court challenge to procedures used by state in authorizing the emergency commitment of alcoholics.

1990: City of Pawtucket v. Gugel -- Successful lawsuit challenging a Municipal Court practice of requiring defendants to pay the overtime costs of the police officer who testified in the case.

1995: Deery v. Fandetti -- Favorably settled lawsuit challenging DCYF’s failure to schedule timely administrative appeals of people charged with child abuse or neglect.

1996: Fullen v. Ferguson -- Federal lawsuit against Department of Human Services which, in an attempt to recoup child support money more quickly, falsely threatened to take legal action against parents who were in compliance with court-ordered payments toward child support arrearages.

1997: Malave v. Ferguson -- Successful class-action lawsuit challenging the adequacy of notices sent out by the state to certain welfare recipients subject to a newly-imposed monthly reduction in benefits.

1998: Gray v. Registry of Motor Vehicles -- Successful appeal on behalf of a person arbitrarily denied a chauffeur’s license based on a 14-year-old fainting incident.

2000: Doeg v. Ferguson -- Class-action suit challenging the Department of Human Services’ procedures in conducting food stamp fraud hearings.

2000: State v. Rivera -- Obtained the return of $860 seized by the state from the defendant, who had been falsely charged with drug dealing. The state had initially argued that, notwithstanding the false arrest, the money had been lawfully forfeited.

2002: Nestell v. State of Rhode Island -- Favorably settled federal lawsuit challenging the DMV’s summary denial of a chauffeur’s license based solely on the person’s past criminal record.