Hawkins v. Freeman

With all respect for the majority’s understandable dismay at the course of administrative bungling by state officials that this case reveals, I do not believe that the state’s re-incarceration of this petitioner constituted a violation of substantive due process entitling him to the release from custody that he seeks. Accordingly, I dissent.

Courts now considering any claim of substantive due process violation must look for principal guidance to the Supreme Court’s most recent deliverances on the meaning and proper method of judicial analysis of the concept in County of Sacramento v. Lewis,…