DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182416P.pdf 08/14/2019 Dollar Loan Center of SD v. Bret Afdahl
U.S. Court of Appeals Case No: 18-2416
and No: 18-2497
U.S. District Court for the District of South Dakota - Pierre
[PUBLISHED] [Erickson, Author, with Loken and Kelly, Circuit Judges]
Civil case - Civil rights. In this action plaintiff alleged that
revocation of its money lending licenses without a pre-deprivation hearing
deprived it of procedural due process under the Fourteenth Amendment. The
district court denied the Director of the South Dakota Division of
Banking's motion for summary judgment based on absolute or qualified
immunity, and he appealed. Held: The Director was entitled to qualified
immunity. Under these circumstances, where plaintiff was on notice that
the Division was investigating the lawfulness of its new loan product,
plaintiff was afforded an opportunity to provide additional information
addressing the Division's concerns and the revocation order had no more of
an effect on plaintiff's business than a simultaneously issued cease and
desist order, plaintiff had not shown a procedural due process violation.