What is the test for establishing a substantive due process violation?
MultiRegion, United States of America
The following excerpt is from Armendariz v. Penman, 31 F.3d 860 (9th Cir. 1994):
With all respect to my colleagues, I don't see how the law permits them to reach that result. To establish a substantive due process violation, plaintiffs must prove only that the government's action was "clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare." Village of Euclid v.
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