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· 4/26/1999

Miller v. City of Philadelphia

Citations

  • 174 F.3d 368
  • 1999 U.S. App. LEXIS 7928

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that to state a substantive due process claim under § 1983, the plaintiff must allege conduct by a government actor that “shocks the conscience”
  • recognizing that to state a substantive due process claim under § 1983, the plaintiff must allege conduct by a government actor that “shocks the conscience”
  • recognizing that to state a substantive due process claim under § 1983, the plaintiff must allege conduct by a government actor that “shocks the conscience”
  • explaining that allegations of negligence or simple error do not state a valid substantive due process claim
  • stating that “[t]he proper approach” when a qualified immunity defense is raised “is to ascertain whether a constitutional violation has been alleged before determining if qualified immunity is available”
  • listing the standards as intent to cause harm, gross negligence or arbitrariness that shocks the conscience, and deliberate indifference

Source: CourtListener parenthetical corpus (CC0).

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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.