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Procedural Error? Seventh Circuit Fails To Recognize “No Procedure” Is Not “Adequate Procedure”, Lyal L. Fox Iii

Seventh Circuit Review

When Jerry Markadonatos was arrested in the Village of Woodridge, Illinois, he was required to pay a thirty-dollar booking fee as required by Woodridge Municipal code, without any procedural process. Mr. Markadonatos challenged this fee as a violation of due process. He eventually brought both a procedural and substantive due process claim. By the time his claim reached the Seventh Circuit it had become particularly complicated in regards to whether the claim should be properly categorized as a procedural or substantive issue and whether Mr. Markadonatos had proper standing to make either claim.

In an en banc hearing, the Seventh …