What is the test for applying substantive due process to a constitutional claim?
MultiRegion, United States of America
The following excerpt is from Gray v. Romero, Case No. 1:13-cv-01473 DLB PC (E.D. Cal. 2016):
If a constitutional claim is covered by a specific constitutional provision, the claim must be analyzed under the standard appropriate to that specific provision, not under the rubric of substantive due process. County of Sacramento v. Lewis, 523 U.S. 833, 843, 118 S.Ct. 1708 (1998) (quotation marks and citation omitted).
"The most advanced legal research software ever built."
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.
Other Questions
Does the post-deprivation rule apply to claims alleging deprivation of a right guaranteed by the substantive due process clause? (MultiRegion, United States of America)
Can a plaintiff bring a substantive due process claim under section 1983 of the California Civil Code against a defendant who deprived them of their constitutional right? (MultiRegion, United States of America)
Is there any case law that supports a claim that corroboration is sufficient to support a claim of due process? (MultiRegion, United States of America)
How have courts treated "state constitutional questions" in the context of federal constitutional claims? (MultiRegion, United States of America)
Can a plaintiff bring an equal protection and substantive due process claim? (MultiRegion, United States of America)
If a plaintiff loses a claim against the municipality on the merits of their constitutional claim, can the municipality still be liable? (MultiRegion, United States of America)
What is the test for a claim of deprivation of procedural due process under the Due Process Clause? (MultiRegion, United States of America)
How does the law of the state apply to a claim under the Federal Tort Claims Act? (MultiRegion, United States of America)
What is the test for a substantive due process claim? (MultiRegion, United States of America)
Does the good faith defense apply to claims for denial of constitutional rights based on excessive force and malicious prosecution? (MultiRegion, United States of America)
