Policing Infidelity: The Circuit Split on Public Employer's Right to Discipline for Off-Duty Conduct
The Fourteenth Amendment prohibits a state from depriving any person of "life, liberty, or property, without due process of law." The Supreme Court has described two strands of the substantive due process doctrine. One strand protects an individual's fundamental liberty interests, while the other protects against the exercise of governmental power that shocks the conscience.
David W. Garland is a member of Epstein Becker & Green, P.C., resident in its New York City and Newark offices.
Amy B. Messigian is an Associate in the firm’s Los Angeles office.
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