What is the test for a federal cause of action?
MultiRegion, United States of America
The following excerpt is from Leal v. Cmty. Hosp. of Fresno, CASE NO. 1:19-cv-01266-AWI-SKO (E.D. Cal. 2019):
apparent danger or harm." Caldwell v. LeFaver, 928 F.2d 331,333 (9th Cir. 1991)(internal citations omitted). Plaintiff must be specific regarding how his due process rights were violated. The mere fact that his daughter was removed from his custody is insufficient grounds to state a federal cause of action. He can only state a due process claim if the defendant bypassed or failed to follow the proper state court procedures to remove his daughter.
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