The following excerpt is from Gavin v. Univ. of Cal., No. 2:16-cv-2316-JAM-EFB PS (E.D. Cal. 2016):
3. Plaintiff also claims that defendants violated her right to due process and equal protection under the Fifth Amendment. The Fifth Amendment's Due Process Clause applies only to the federal government or federal actions. Lee v. City of Los Angeles, 250 F.3d 668, 687 (9th Cir. 2001) ("The Due Process Clause of the Fifth Amendment and the equal protection component thereof apply only to actions of the federal governmentnot to those of state or local governments."). As plaintiff does not allege action on behalf of the federal government, she cannot maintain a claim under the Fifth Amendment.
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