Can a state official's failure to comply with state law that gives rise to a liberty or property interest constitute a procedural or substantive violation?

MultiRegion, United States of America

The following excerpt is from Committee v. City of Tulelake, No. 2:18-cv-02280-KJM-CMK (E.D. Cal. 2018):

Due Process Clause, and "[a] state official's failure to comply with state law that gives rise to a liberty or property interest may amount to a procedural (rather than substantive) due process violation, which can be vindicated under 42 U.S.C. 1983." Marsh v. Cty. of San Diego, 680 F.3d 1148, 1155 (9th Cir. 2012) (citations omitted). The relevant state law must contain "(1) substantive predicates governing official decisionmaking, and (2) explicitly mandatory language specifying the outcome that must be reached if the substantive predicates have been met." Id. (citing James v. Rowlands, 606 F.3d 646, 656-57 (9th Cir. 2010)).

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