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.")
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.