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

The following excerpt is from Jessop v. City of Fresno, No. 1:15-cv-00316-DAD-SAB (E.D. Cal. 2017):

See Taylor v. Knapp, 871 F.2d 803, 806 (9th Cir. 1988) (acknowledging that where a defendant acts in an unauthorized and random manner in the course of violating a constitutional right, the availability of adequate post-deprivation remedies does not bar a substantive due process claim under 1983). Thus, while plaintiffs acknowledge in their opposition that they had access to an adequate post-deprivation remedy under California tort law (Doc. No. 57 at 9 n.1), this fact alone does not prevent plaintiffs from pursuing claims under 1983 based on violations of their substantive due process rights.

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