· 10/4/2005
DePoutot v. Raffaelly
Citations
- 424 F.3d 112
- 2005 U.S. App. LEXIS 21444
- 2005 WL 2435837
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that substantive due process claim against police officer involved executive branch action that warranted application of the shocks-the-conscience standard
- noting that the requisite level of arbitrariness and caprice “must be stunning” and that even bad faith violations of state law do not necessarily amount to substantive due process violations
- in order to shock the conscience, conduct must at the very least be “extreme and egregious”
- “Mere violations of state law, even violations resulting from bad faith, do not necessarily amount to unconstitutional deprivations of substantive due process.”
- “Mere violations of state law, even violations resulting from bad faith, do not necessarily amount to unconstitutional deprivations of substantive due process.”
- “In its substantive aspect, due process safeguards individuals against certain offensive government actions, notwithstanding that facially fair procedures are used to implement them.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boudin, Selya, Schwarzer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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