Is there insufficient evidence to support plaintiff's Fourteenth Amendment claim?
MultiRegion, United States of America
The following excerpt is from Chappell v. Fleming, No. CIV S-12-0234 MCE GGH P (E.D. Cal. 2012):
1. To the extent plaintiff is alleging that his Fourteenth Amendment rights were violated because there is insufficient evidence to validate him, his claim is subject to the "some evidence" standard, and is covered by the claims he raises in Counts Seven and Twelve, discussed supra. See Bruce v. Ylst, 351 F.3d at 1287-88.
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