i. Entitlement - reasonable expectation to continue to receive a benefit (This is the new test)
1. Attendance at public school, welfare benefits, government employment, personal belongings, and realty.
c. Intentional Deprivation - Government negligence is not sufficient for a deprivation of due process. Generally there must be intentional government action or at least reckless action for liability to exist.
i. Emergency - However, in emergency situations, the government is liable under due process only if its conduct "shocks the conscience." (i.e. high speed chase not)
ii. Waiver - Individuals may expressly waive due process.