What is the test for establishing a violation of a plaintiff's right to substantive due process?

MultiRegion, United States of America

The following excerpt is from Charles v. Orange Cnty., 925 F.3d 73 (2nd Cir. 2019):

"In order to establish a violation of a right to substantive due process, a plaintiff must demonstrate not only government action but also that the government action was so egregious, so outrageous, that it may fairly be said to shock the contemporary conscience. " Pena v. DePrisco , 432 F.3d 98, 112 (2d Cir. 2005)

[925 F.3d 86]

Other Questions


Can a plaintiff make a cognizable civil rights claim for a violation of his due process rights based on allegations that prison officials ignored or failed to properly process his grievance? (MultiRegion, United States of America)
Can a defendant be sued for civil rights violations if they are found to have violated a plaintiff's civil rights? (MultiRegion, United States of America)
Can a plaintiff make a cognizable civil claim for a violation of his due process rights based on allegations that prison officials ignored or failed to properly process his grievance? (MultiRegion, United States of America)
Does the sentencing guidelines under Rule 32(c)(3)(3) of the Federal Guidelines violate due process or violate substantive or procedural due process? (MultiRegion, United States of America)
What is the test for establishing that a municipal employee violated a plaintiff's federal rights? (MultiRegion, United States of America)
What is the test for error and prejudice on a claim that the US Department of Justice violated a plaintiff's right to due process? (MultiRegion, United States of America)
What is the test for establishing a "clearly established" right to exercise privacy rights? (MultiRegion, United States of America)
Can a plaintiff bring a cognizable Eighth Amendment violation based solely on an allegation that defendants issued a false rules violation against plaintiff? (MultiRegion, United States of America)
What is the test for establishing a substantive due process violation? (MultiRegion, United States of America)
In a civil case brought by a plaintiff, who alleges that the county failed to properly train for the purpose of enforcing her civil rights, is a county liable for the violation of her constitutional rights? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.