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TUN v. WHITTICKER

No. 04-2972.

398 F.3d 899 (2005)

Brandon TUN, Plaintiff-Appellee, v. Joselyn WHITTICKER and Judith Platz, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 16, 2005.

Attorney(s) appearing for the Case

Jeffrey P. Smith (argued), Hawk, Haynie, Gallmayer & Chickedantz, Fort Wayne, IN, for Plaintiff-Appellee.

Matthew J. Elliott (argued), Beckman Lawson, Fort Wayne, IN, for Defendant-Appellant.

Before CUDAHY, KANNE, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

* No person shall ... be deprived of life, liberty, or property, without due process of law .... (U.S. Constitution, amendment V) * [N]or shall any State deprive any person of life, liberty, or property, without due process of law .... (U.S. Constitution, amendment XIV, § 1).

As one commentator astutely observed,

A reader of the Supreme Court's substantive due process cases can come to feel like a...

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