Opinion · Supreme Court of the United States

Cloward v. United States

Cloward v. United States, 465 U.S. 1025 (1984)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1984-02-21
Topic
general

How later courts describe this case

  • governmental seizure of "misbranded" machine under Food, Drug and Cosmetic Act without prior notice or hearing did not violate due process
  • seizure may be challenged through motion to quash, motion to dismiss, or motion for summary judgment
  • "A defendant cannot contend that he did not obtain a prompt hearing when he chose not to avail himself of an opportunity to present his claim."
  • where a disciplinary committee writes “resident admits he committed the act charged,” it has provided a Constitutionally sufficient statement of facts relied on
  • governmental seizure of “misbrand-ed” machine under Food, Drug and Cosmetic Act without prior notice or hearing did not violate due process
  • “A defendant cannot con tend that he did not obtain a prompt hearing when he chose not to avail himself of an opportunity to present his claim.”
  • jury found due process violation because witness requests were denied without justification
  • private hospital placed physician on one-year probation

Citator

UpLaw has not yet analyzed Cloward v. United States. The absence of a flag is not a finding that it is good law.

Cited by
82 opinions

C. A. 9th Cir. Certiorari denied.