In Kennedy v. City of Cincinnati, No. 09-3089, the U.S. Court of Appeals for the Sixth Circuit faced a challenge to plaintiff's contention that his rights were violated under the Due Process Clause when he was denied access to a public pool and other public recreational areas within the city.
As the Court stated: "Any competent government official, particularly a police officer, should have realized that he cannot deprive a person, who has not committed a crime or violated some regulation, nor was likely to do so, of access to public grounds without due process of law."
Although, the Court held that plaintiff did not have a protectable property interest in his $10 city pool token, the judgment of the district court is reversed as, he clearly established constitutionally-protected liberty interest not to be banned from all city recreational property without procedural due process.
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