Opinion · Supreme Court of the United States

Cloward v. United States

465 U.S. 1025

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.