Cloward v. United States

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