Friday, July 24, 2009

A fair trial would have satisfied this...

It is not enough to show that a constitutionally protected right has been deprived for a procedural due process claim under §1983. The deprivation must result from an unconstitutional procedure lacking due process. The deprivation by state action of a constitutionally protected interest in ‘life, liberty, or property’ is not in itself unconstitutional; what is unconstitutional is the deprivation of such an interest without due process
of law. The constitutional violation actionable under §1983 is not complete when the deprivation occurs; it is not complete unless and until the State fails to provide due process.

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