This form is a Complaint. This action was filed by the plaintiff due to a strip search which was conducted upon his/her person after an arrest. The plaintiff requests that he/she be awarded compensatory damages and punitive damages for the alleged violation of his/her constitutional rights.
Arkansas Complaint For Strip Search - 4th and 14th Amendment, US Constitution - Jury Trial Demand
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US-000282
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How to fill out Complaint For Strip Search - 4th And 14th Amendment, US Constitution - Jury Trial Demand?
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FAQ
In Lochner v New York (1905), the Supreme Court found unconstitutional a New York law regulating the working hours of bakers, ruling that the public benefit of the law was not enough to justify the substantive due process right of the bakers to work under their own terms.
Due process of law involves two types of processes: (a) procedural due process ? Is the process fair? and (b) substantive due process - Does the government have the right to bring the action in the first place? In performing the LHO duties and responsibilities, you must be concerned with whether the process is fair.
In other words, the laws of a state must treat an individual in the same manner as other people in similar conditions and circumstances. A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race.
Governmental actors violate due process when they frustrate the fairness of proceedings, such as when a prosecutor fails to disclose evidence to a criminal defendant that suggests they may be innocent of the crime, or when a judge is biased against a criminal defendant or a party in a civil action.
If it has been determined, by a court of law, that your due process has been violated then it is very likely that the ruling that violated it will be overturned or struck void.
For example, in Caperton v. A.T. Massey Coal Co. (2009), the Court held that having a West Virginia State Supreme Court Justice rule on a case ? one party of which had donated millions of dollars to his election for justice ? was an unconstitutional violation of Procedural Due Process.