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YE v. U.S.

No. 06-1034.

484 F.3d 634 (2007)

Zi Z. YE; Yu Zhen Cao, h/w v. UNITED STATES of America; U.S. Department of Justice; District Health Center No. 10; City House Clinic Group; Ikjin Kim, M.D. Ikjin Kim, M.D., Appellant.

United States Court of Appeals, Third Circuit.

Filed April 30, 2007.

Attorney(s) appearing for the Case

Jane Lovitch Istvan, (argued), City of Philadelphia Law Department, Philadelphia, PA, for Appellants.

Harold I. Goodman, (argued), Gerald A. McHugh Jr., Esquire, Stephen E. Raynes, Dan Bencivenga, Raynes McCarty, Philadelphia, PA, for Appellees.

Before SMITH and FISHER, Circuit Judges, and DIAMOND, District Judge.

SMITH, Circuit Judge.

The Supreme Court held in DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989), that, "[i]n the substantive due process analysis, it is the State's affirmative act of restraining the individual's freedom to act on his own behalf— through incarceration, institutionalization, or other similar restraint of personal liberty—which is the...

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