Reams v. Irvin
United States Court of Appeals for the Eleventh Circuit
561 F.3d 1258 (2009)
A Georgia Department of Agriculture equine inspector impounded 49 horses and donkeys belonging to Edna Reams (plaintiff) after a veterinarian inspected them on-site and found insufficient food and water, pursuant to a warrant; state law allowed Reams to challenge the impoundment and seek judicial review, but the department never personally informed her of this right. Reams sued the inspector and the department commissioner (defendants) in federal court, alleging violation of her procedural due process rights for lack of a predeprivation hearing and personal notice; the district court granted the defendants summary judgment based on qualified immunity, and Reams appealed.
Whether, in determining if due process required a predeprivation hearing, courts consider the private interest at stake, the risk of erroneous deprivation in light of existing procedural safeguards, and the governmental interest involved.