What is the test for establishing substantive due process in a civil case?
MultiRegion, United States of America
The following excerpt is from Sousa v. Wegman, CASE No. 1:11-cv-01754-MJS (PC) (E.D. Cal. 2012):
Where a particular amendment provides an explicit textual source of constitutional protection against a particular sort of government behavior, that Amendment, not the more generalized notion of substantive due process, must be the guide for analyzing a plaintiff's claims." County of Sacramento v. Lewis, 523 U.S. 833, 842 (1998).
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