JOHNSON, Circuit Judge, specially concurring in which VANCE, KRAVITCH, HATCHETT, Circuit Judges, and TUTTLE, Senior Circuit Judge, join: I write separately to set forth why I believe Burch’s complaint has actually raised a claim for a substantive due process violation and why, on the merits, Burch has stated a claim upon which relief could be granted for such a violation. Substantive due process claims “ar…
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