At The Sanders Firm, P.C., we steadfastly uphold everyone’s right to SDP. If you’ve received custodial injuries while under arrest, being imprisoned or while held and such injuries were unwarranted, then your civil rights have been infringed upon. SDP focuses on each person’s right, as has been illustrated through U.S. history, tradition, and practice, to be treated properly and equally.
Although issues involving substantive due process are often not directly addressed in the U.S. Constitution, such rights are protected. Often SDP cases are adjudicated by the state or federal courts. When considering SDP the Fifth Amendment is an important point of reference. That amendment states that no person shall be “deprived of life, liberty, or property without due process of law.” And although when in custody one is deprived of certain rights, one still has the right to be free from and protected from harm.
With SDP the court must decide the scope and type of freedom that the U.S. Constitution protects. The Bill of Rights and the Fourteenth Amendment are often used in making decision related to SDP. Utilizing these various constitutional amendments, the court will rule regarding whether or not one’s rights have been violated through custodial injury.