Does a process server deprive a named defendant of his constitutional due process rights by failing to serve properly, then signing a false affidavit?
California, United States of America
The following excerpt is from Slaughter v. Legal Process & Courier Service, 162 Cal.App.3d 1236, 209 Cal.Rptr. 189 (Cal. App. 1984):
The issue of whether a process server deprives a named defendant of his constitutional due process rights by failing to serve him properly, then signing a false affidavit, has not been previously decided by the California courts. However, we are aided in our analysis by the reasoning in Parratt v. Taylor (1981) 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420, cited by neither party.
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