Simpson v. Brown County

In rural Brown County, most buildings depend on septic systems. Simpson, who installed and repaired septic systems, received a letter demanding immediate repair of the septic system on Simpson’s mother’s property and threatening that if Simpson did not make the repairs, the county would request action through the prosecutor’s office and “may request an executive meeting of the Health Board to recommend that [Simpson’s] license to install septics be rescinded.” Two weeks later, without further process or an opportunity to be heard, Simpson received a letter: “Based on the findings our Health Board members approved the removal of your name from our list of approved septic contractors.” The letter did not inform Simpson of any law he had violated, and did not identify any opportunities for administrative or judicial review. Simpson filed suit under 42 U.S.C. 1983. The district court dismissed, reasoning that post-deprivation remedies, such as common-law judicial review, satisfied the due process requirement and that Simpson had not availed himself of such remedies. The Seventh Circuit reversed, finding that Simpson plausibly alleged that he was denied the pre-deprivation notice and hearing he was due and that even if the County had some basis for summary action, it has not shown there is an adequate state law post-deprivation remedy. View "Simpson v. Brown County" on Justia Law