New procedural due process / state action case

[Volokh, Eugene]

> -----Original Message-----
> From: David H Bowser [SMTP:dbowser at willamette.edu]
> Sent: Wednesday, October 11, 2000 12:51 PM
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> Subject:      Supreme Court News 10/11/00
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> UNITED STATES SUPREME COURT NEWS 10/11/00
> Willamette Law Online - Willamette University College of Law
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. . .

> Bradshaw v. G & G Fire Sprinklers, Inc.
> No. 00-152
> Case below:  204 F.3d 941 (9th Cir. 02/23/00)
> Full text: http://laws.findlaw.com/9th/9556639o.html
>
> DUE PROCESS (State Action, Procedural Protections and Notice)
>
> The issues in this due process case are whether a private contractor
> employed by the state that withholds payment to a subcontractor
> constitutes state action, whether withholding the payment without notice
> or a hearing violates the Due Process Clause, and whether the
> subcontractor is entitled to immediate payment of disputed funds pending
> the outcome of the hearing.  G & G claimed that the California Division of
> Labor Standards Enforcement (DLSE) violated due process by failing to
> provide notice or an explanation for issuing three notices against G & G
> for projects on which they had worked as a subcontractor.  DLSE withheld
> payment from the prime contractors, who then withheld payment from G &
> G.  The trial court granted subcontractor's motion for summary
> judgment.  The court below affirmed in part, and reversed and remanded in
> part, holding that the state violated the due process rights of the
> subcontractor by failing to provide prior notice or a hearing before
> withholding funds.  The Supreme Court, after granting certiorari, vacated
> the judgment and remanded for further consideration.  The court below held
> that the previous opinion was consistent with controlling Supreme Court
> authority, reasoning that G & G's rights were violated not because it was
> denied immediate payment, but because the state statutes did not provide
> for a hearing.
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