What are the legal standards for stating a Fourteenth Amendment due process claim?

MultiRegion, United States of America

The following excerpt is from Houston v. Knowles, No. CIV S-09-0178 GEB EFB P (E.D. Cal. 2012):

In the August 30, 2011 findings and recommendations, the undersigned informed plaintiff of the following legal standards for purposes of stating a Fourteenth Amendment due process claim. Plaintiff must allege facts showing: "(1) a deprivation of a constitutionally protected liberty or property interest, and (2) a denial of adequate procedural protections." Kildare v. Saenz, 325 F.3d 1078, 1085 (9th Cir. 2003).

Other Questions


Can a plaintiff amend to add Fifth Amendment due process claims to add to the Fourteenth Amendment? (MultiRegion, United States of America)
What is the legal test for applying the Eighth Amendment standard to a claim made by a civil detainee under the Fourteenth Amendment? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
Is there a valid Fourth Amendment, Fourteenth and Fourteenth Amendment claim? (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)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
What is the legal standard used by the courts to determine the correct legal standard? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
How have courts applied the Eighth Amendment to a claim made by a civil detainee under the Fourteenth Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.