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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.