What is the current state of the law in the context of a civil case?

2 "[W]e may some day be presented with a situation in which the conduct of law enforcement agents is so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction, ..." (United States v. Russell, supra, 411 U.S. at pp. 431-432, 93 S.Ct. at pp. 1642-1643.) This language connotes a procedural bar rather than a defense to be determined by a jury. For sake of ease, we will refer to it as a defense.