Mongeau v. City of Marlborough

TORRUELLA, Circuit Judge.

This case asks us to determine whether a plaintiff in a land-use dispute must prove that a defendant engaged in behavior that “shocks the conscience” in order to prevail on a substantive due process claim related to that dispute. Eugene Mongeau, a landowner, brought suit against the City of Marlborough (the “City”) and Stephen Reid, the Commissioner of Inspectional Services for the City of Marlborough (collectively, “Defendants”), after Reid denied him a building permit. Mongeau alleged, inter alia, that Reid, in his official capacity, violated Mongeau’s Fourteenth…