Galland v. City of Clovis

JONES, J.,* Concurring and Dissenting.—

The majority holds, and I agree, that Clovis and its rent commission may have violated the Gallands’ substantive due process rights, in violation of 42 United States Code section 1983 (section 1983),1 by subjecting them to an arbitrary and unreasonably burdensome rent adjustment process. Relying on Silverman v. Barry (D.C. Cir. 1988) 845 F.2d 1072 and Roy v. City of Augusta, Maine (1st Cir. 1983) 712 F.2d 1517, the majority articulates an appropriate substantive due process standard for determining when an administrative process is so onerous as to…