The following excerpt is from Southerland v. City of New York, Docket No. 07-4449-cv (L), Docket No. 07-4450-cv (CON) (2nd Cir. 2012):
Substantive due process rights safeguard persons "against the government's 'exercise of power without any reasonable justification in the service of a legitimate governmental objective.'" Tenenbaum, 193 F.3d at 600 (quoting County of Sacramento v. Lewis, 523 U.S. 833, 846 (1998)). "To establish a violation of substantive due process rights, a plaintiff must demonstrate that the state action was 'so egregious, so outrageous, that it may fairly be said to shock the contemporary conscience.'" Okin, 577 F.3d at 431 (quoting Lewis, 523 U.S. at 847 n.8). The interference with the plaintiff's protected right must be "'so shocking, arbitrary, and egregious
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