The following excerpt is from Jessop v. City of Fresno, No. 1:15-cv-00316-DAD-SAB (E.D. Cal. 2017):
See Taylor v. Knapp, 871 F.2d 803, 806 (9th Cir. 1988) (acknowledging that where a defendant acts in an unauthorized and random manner in the course of violating a constitutional right, the availability of adequate post-deprivation remedies does not bar a substantive due process claim under 1983). Thus, while plaintiffs acknowledge in their opposition that they had access to an adequate post-deprivation remedy under California tort law (Doc. No. 57 at 9 n.1), this fact alone does not prevent plaintiffs from pursuing claims under 1983 based on violations of their substantive due process rights.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.