Can a plaintiff make a Fourteenth Amendment due process claim regarding his religious practice?

MultiRegion, United States of America

The following excerpt is from Rodriguez v. Hubbard, Case No. 1:10-cv-00858-DLB PC (E.D. Cal. 2012):

Plaintiff had alleged a violation of the Fourteenth Amendment with regards to his freedom of religion. "[W]here a particular amendment provides an explicit textual source of constitutional protection against a particular sort of government behavior, that Amendment, not the more generalized notion of substantive due process, must be the guide for analyzing a plaintiff's claims." Patel v. Penman, 103 F.3d 868, 874 (9th Cir. 1996) (citations and internal quotations omitted).

Page 7

Thus, there is no Fourteenth Amendment due process claim regarding his religious practice.

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