Does the Due Process Clause apply to state employees?
MultiRegion, United States of America
The following excerpt is from Green v. CDCR, CASE NO. 1:11-cv-01060-LJO-BAM PC (E.D. Cal. 2012):
The Due Process Clause of the Fifth Amendment provides that no one shall "be deprived of life, liberty, or property without due process of law." "[T]he Fifth Amendment's due process clause applies only to the federal government." Bingue v. Prunchak, 512 F.3d 1169, 1174 (9th Cir. 2008). Since all Defendant's in this action are state employees the Fifth Amendment Due Process Clause does not apply.
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