What is the test for alleging a violation of the 14th amendment by the US Department of Justice?

MultiRegion, United States of America

The following excerpt is from Hughey v. Drummond, No. 2:14-cv-00037-TLN-AC (E.D. Cal. 2014):

6. To the extent Plaintiffs are alleging a due process violation under the 14th amendment, this claim is preserved in their 25th cause of action, which alleges a 1983 violation under the 14th amendment. See Deveraux v. Abbey, 263 F.3d 1070, 1074-75 (9th Cir. 2001) ("...there is a clearly established constitutional due process right not to be subject to criminal charges on the basis of false evidence that was deliberately fabricated by the government.")

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