§ 1437f

Citation: § 1437f
Parent Document: Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-30
Original Source: https://www.courtlistener.com/opinion/3158630/nozzi-v-housing-authority/ ↗

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in any case in which a violation of procedural due process is
alleged is whether the plaintiffs have a protected property or
liberty interest and, if so, the extent or scope of that interest.
Board of Regents of State Colleges v. Roth, 408 U.S. 564,
569–70 (1972). The property interests that due process
protects extend beyond tangible property and include
anything to which a plaintiff has a “legitimate claim of
entitlement.” Id. at 576–77. A legitimate claim of
entitlement is created “and [its] dimensions are defined by
existing rules or understandings that stem from an
independent source such as state law—rules or
understandings that secure certain benefits and that support
claims of entitlement to those benefits.” Id. at 577. Further,
as we have previously held, plaintiffs have a protected
property right in public benefits when, as here, a statute
authorizes those benefits and the “implementing regulations”
“greatly restrict the discretion” of the people who administer
those benefits. See Griffeth v. Detrich, 603 F.2d 118, 121
(9th Cir. 1979).

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