The following excerpt is from St. Jon v. Tatro, Case No.: 15-cv-2552-GPC-JLB (S.D. Cal. 2016):
A claim of the deprivation of civil rights has the following elements: (1) the action occurred under "color of state law: and (2) the action resulted in the deprivation of a constitutional right or federal statutory right. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). Here defendant asserts a deprivation of her procedural due process. To prevail on a section 1983 claim for a procedural due process violation, a plaintiff must show deprivation of a protected property or liberty interest without being given due process.
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