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.