Constitutional Interests

In order to establish a due process claim, someone must further show a deprivation of a protected interest in life, liberty, or property.  Rivera v. Rhode Island.

People clearly have a property interest in their money.   Herrada v. City of Detroit (money is certainly a property interest) (citing Hampton v. Hobbs (prisoners’ property interest in money).  The Selectmen’s unlawful conduct cost motorists assessments, $50 Head Injury Surcharge, and court hearing fees.

People also have a property interest in their driver’s license.  See Mackey v. Montrym (suspension of a driver’s license implicates a protectable property interest).  People usually pay the assessment and surcharge in order to avoid the Registrar’s threatened suspension of their driver’s license, and the denial of their right to renew their registration.  See G.L. c. 90C, § 3.

Suspension of someone’s driver’s license also implicates a protectable liberty interest.    See United States v. Guest (right to travel by automobile); Wall v. King (freedom to drive is a “liberty”).