Can Newsome assert substantive due process under the Fourteenth Amendment?
MultiRegion, United States of America
The following excerpt is from Newsome v. Dresser, 18-2639 (2nd Cir. 2020):
Newsome cannot assert a substantive due process claim under the Fourteenth Amendment, either. When a claim "fits comfortably under the coverage of the Fourth Amendment . . . the Fourth Amendment, rather than substantive due process, should serve as the guide for analyzing" the claim. Russo v. City of Bridgeport, 479 F.3d 196, 208-09 (2d Cir. 2007) (internal quotation marks and citation omitted).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff amend to add Fifth Amendment due process claims to add to the Fourteenth Amendment? (MultiRegion, United States of America)
Does the self-incrimination clause in the fifth amendment apply to the states through the fourteenth amendment due process clause? (MultiRegion, United States of America)
What is the test for substantive due process under the Fourteenth Amendment? (MultiRegion, United States of America)
Does the allegation that the allegations giving rise to the Eighth Amendment violate the Due Process Clause of the Fourteenth Amendment? (MultiRegion, United States of America)
What is the test for the Fourteenth Amendment right to substantive due process? (MultiRegion, United States of America)
What is the test for substantive due process under the Fourteenth Amendment and what are the implications of this? (MultiRegion, United States of America)
Is there a valid Fourth Amendment, Fourteenth and Fourteenth Amendment claim? (MultiRegion, United States of America)
Does a prosecutor's knowing use of perjured testimony violate the due process clause of the Fourteenth Amendment? (MultiRegion, United States of America)
What is the test for "due process" in the context of the Fourteenth Amendment? (MultiRegion, United States of America)
Is the Fifth Amendment against double jeopardy absorbed into the Fourteenth Amendment? (MultiRegion, United States of America)
