Due Process Violation.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Nanette Tucker v. City of Chicago, et al.

Case No.: 17-2480

Officials: EASTERBROOK, KANNE, and BRENNAN, Circuit Judges.

Focus: Due Process Violation

Does a six month delay between a property inspection and notice of a municipal ordinance citation violate due process? The district court said no, dismissing plaintiff-appellant Nanette Tucker's amended complaint for failure to state a procedural due process claim under 42 U.S.C. 1983. It also rejected her alternative theory that the City of Chicago misinterpreted the ordinance's plain text.

We affirm. The administrative and judicial proceedings available for Tucker to challenge her citation satisfied due process, and the accuracy of the city's interpretation of its ordinance does not implicate the U.S. Constitution. Given Tucker's failure to allege facts supporting a plausible violation of her due process rights, dismissal under Federal Rule of Civil...