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Case Studies

“Shocks the Conscience”

    In addressing the standard for a substantive due process claim, the Court noted that it was “behavior at the [extreme] end of the culpability spectrum that would most probably support a substantive due process claim.” Id. at 849, 118 S.Ct. 1708….

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Case Studies

Substantive Due Process

Holding that state law governs substantive issues and federal law governs procedural issues Erie R. Co. v. Tompkins 304 U.S. 64 (1938) “The Due Process Clause, however, ‘does not transform every tort committed by a state actor into a constitutional…

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