Melanie Lydia Dacosta v. Stanislaus Nwachukwa, 304 F.3d 1045 (11th Cir. 2002). · Go Syfert
Melanie Lydia Dacosta v. Stanislaus Nwachukwa, 304 F.3d 1045 (11th Cir. 2002). Cases Citing This Book View Copy Cite
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123 citation events (123 in the last 25 years) across 15 distinct courts.
Strongest positive: Pons v. Caraf Oil Gas Station (flsd, 2025-06-03)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Pons v. Caraf Oil Gas Station
S.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
remedies for batteries of this sort should be pursued in accordance with state law.
examined Cited as authority (quoted) Williams v. Berney (3×) also: Cited as authority (rule)
10th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence low
the cases plaintiff cites as authority for her substantive due process claim involve excessive force used by law enforcement officers, and are not applicable to the instant case.
discussed Cited as authority (rule) Marlon Marcano and Yma Su-Ling Scarbriel v. Samir Paulino, Kenneth Dale, and John Mina
M.D. Fla. · 2025 · confidence medium
However, even “[c]onduct by a government actor that would amount to an intentional tort” will “rise to the level of a substantive due process violation” only if it also “shocks the conscience” or affects rights guaranteed “by the [C]onstitution itself.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir. 2002). 3 Those few limited circumstances where “the Supreme Court has imposed an affirmative responsibility on the government” are “under the Eighth Amendment to provide adequate medical care to incarcerated prisoners” and “under the Fourteenth Amendment . . . to ens…
discussed Cited as authority (rule) James Sharkey v. Susan Clarke, Christal Keegan, Kristopher Sanchez, Nevada Real Estate Division
D. Nev. · 2025 · confidence medium
That is, even conduct by a government actor that would 8 amount to an intentional tort under state law will rise to the level of a substantive due process 9 violation only if it also “shocks the conscience.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th 10 Cir. 2002).
examined Cited as authority (rule) January Littlejohn v. School Board of Leon County Florida (4×) also: Cited "see"
11th Cir. · 2025 · confidence medium
In Dacosta v. Nwachukwa, 304 F.3d 1045, 1047 (11th Cir. 2002) (per curiam), the defendant “slammed” a door in the plaintiff’s face, “violently swung the door,” and “shoved [the plaintiff’s] face.” Even though USCA11 Case: 23-10385 Document: 112-1 Date Filed: 03/12/2025 Page: 23 of 169 23-10385 Opinion of the Court 23 the defendant was arrested for criminal battery, we concluded that the defendant’s conduct did not “shock[] the conscience” beyond the commission of a state-law tort.
discussed Cited as authority (rule) THOMAS v. GOVERNOR'S OFFICE FOR THE STATE OF GEORGIA
M.D. Ga. · 2024 · confidence medium
In his Replies (Docs. 80; 96; 97), Plaintiff merely and briefly argues that the Oklahoma Defendants, the Labcorp Defendants, Defendant Kirbo, and the Tru Care Labs Defendants “have listed unrealistic defenses” and that his complaint “meets the Twombly/Iqbal standards.” The Eleventh Circuit has explained that although the Supreme Court has extended protection under the Due Process Clause to a number of rights not explicitly referenced in the Constitution’s text, it has nevertheless cautioned against the “open-ended judicial expansion of other unenumerated rights.” Dacosta v. Nwach…
discussed Cited as authority (rule) Colbert v. University of South Alabama
S.D. Ala. · 2024 · confidence medium
But, even conduct by a government actor that would amount to an intentional tort under state law will rise to the level of substantive due process violation only if it also “shocks the conscience.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (lth Cir. 2002). “[O]nly the most egregious official conduct can be said to be arbitrary in the constitutional sense.” Lewis, 523 U.S. at 846 .
cited Cited as authority (rule) Zea v. City of Naples
M.D. Fla. · 2023 · confidence medium
Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir. 2002).
discussed Cited as authority (rule) DeMarcus v. University of South Alabama
S.D. Ala. · 2023 · confidence medium
But, even conduct by a government actor that would amount to an intentional tort under state law will rise to the level of substantive due process violation only if it also “shocks the conscience.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (lth Cir. 2002). “[O]nly the most egregious official conduct can be said to be arbitrary in the constitutional sense.” Lewis, 523 U.S. at 846 .
discussed Cited as authority (rule) Bailey v. Lowndes County Commission
M.D. Ala. · 2023 · confidence medium
(Doc. # 1-1 at ¶ 4 (alleging the denial of notice and an opportunity to be heard).) But even if the Complaint were attempting to allege a substantive due process claim, that claim would fail because the alleged right in question—i.e., the alleged right to a liquor license—is not a “fundamental right.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir. 2002) (“Our substantive due process doctrine is designed to protect those rights that are fundamental—rights that are implicit in the concept of ordered liberty.” (cleaned up)).
discussed Cited as authority (rule) K. v. Mobile County Board of Education
S.D. Ala. · 2022 · confidence medium
But, even conduct by a government actor that would amount to an intentional tort under state law will rise to the level of a substantive due process violation only if it also “shocks the conscience.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir. 2002). “[O]nly the most egregious official conduct can be said to be arbitrary in the constitutional sense.” Lewis, 118 S. Ct. at 1716 (1998) (quotation and citation omitted).
discussed Cited as authority (rule) Sasser v. Board of Regents of the University System of Georgia
N.D. Ga. · 2021 · confidence medium
Conduct that “shocks the conscience” must interfere “with rights ‘implicit in the concept of ordered liberty’—in other words, only if it affects individual rights guaranteed, explicitly or implicitly, by the Constitution itself.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir. 2002). “[S]tudents at a public university do not have a fundamental right to continued enrollment.” Doe v. Valencia Coll., 903 F.3d 1220, 1235 (11th Cir. 2018) (citing Plyler v. Doe, 457 U.S. 202, 221 (1982)); Wells v. Columbus Tech.
discussed Cited as authority (rule) BARNES v. VALDOSTA GEORGIA
M.D. Ga. · 2021 · confidence medium
Conduct by a state actor “that would amount to an intentional tort under state law” rises to the level of a substantive due process violation “if it ‘shocks the conscience’ or interferes with rights ‘implicit in the concept of ordered liberty.’” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir. 2002) (quoting United States v. Salerno, 481 U.S. 739, 746 (1987)).
cited Cited as authority (rule) Doe v. Perkins
N.D. Ala. · 2020 · confidence medium
Nwachukwa, 304 F.3d 1045, 1048 (11th Cir. 2002)).
discussed Cited as authority (rule) LeBlanc v. Town of Fort Myers Beach
M.D. Fla. · 2019 · confidence medium
“Conduct by a government actor that would amount to an intentional tort under state law would only rise to the level of a substantive due process violation if it ‘shocks the conscience’ or interferes with rights ‘implicit in the concept of ordered liberty’ - in other words, only if it affects individual rights guaranteed explicitly or implicitly by the Constitution itself.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir. 2002) (citation omitted).
discussed Cited as authority (rule) McCants v. City Of Mobile
S.D. Ala. · 2017 · confidence medium
In Dacosta v. Nwachukwa, 304 F.3d 1045, 1047 (llth Cir. 2002), the Eleventh Circuit held that, where an instructor at a Georgia military college purposefully slammed a door in a student’s face, then violently swung the door several times in an attempt to knock the student back from the door after her arm became lodged in the shattered glass, then reached through the cracked glass pane and shoved the student’s face in an attempt 17 to forcibly dislodge her arm from the glass pane, “such conduct, malicious as it may have been” did not amount to a federal constitutional violation.
discussed Cited as authority (rule) McCants v. City Of Mobile
S.D. Ala. · 2017 · confidence medium
In Dacosta v. Nwachukwa, 304 F.3d 1045, 1047 (llth Cir. 2002), the Eleventh Circuit held that, where an instructor at a Georgia military college purposefully slammed a door in a student’s face, then violently swung the door several times in an attempt to knock the student back from the door after her arm became lodged in the shattered glass, then reached through the cracked glass pane and shoved the student’s face in an attempt to forcibly dislodge her arm from the glass pane, “such conduct, malicious as it may have been” did not amount to a federal constitutional violation.
discussed Cited as authority (rule) Lisa Y.S. West v. Deputy Terry Davis (2×)
11th Cir. · 2014 · confidence medium
Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002) (referring to alleged Fourteenth Amendment violation).
discussed Cited as authority (rule) Canadian River Land & Cattle Co. v. State ex rel. State Board of Agriculture
Okla. Civ. App. · 2011 · confidence medium
In instances where other rights are created by state law, such as an intentional tort, conduct by a government actor that would amount to an intentional tort under state law would only rise to the level of a substantive due process violation if it 'shocks the conscience' or interferes with rights 'implicit in the concept of ordered liberty'-in other words, only if it affects individual rights guaranteed, explicitly or implicitly, by the Constitution itself" Dacosto v, Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002) (citation omitted).
cited Cited as authority (rule) Gerald v. Locksley
D.N.M. · 2011 · confidence medium
Dacosta v. Nwachukwa, 304 F.3d 1045, 1047 (11th Cir.2002).
cited Cited as authority (rule) Allen v. School Board of Broward County
S.D. Fla. · 2011 · confidence medium
See Kirkland, 347 F.3d at 904 ; Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002).
discussed Cited as authority (rule) Alexander v. CITY OF MUSCLE SHOALS, ALA.
N.D. Ala. · 2011 · confidence medium
Nevertheless, the court need not address the precise contours of the right plaintiff is asserting since it is plain that he has failed to muster sufficient evidence to create a jury question on an essential element of the claim he pleads. “[E]ven conduct by a government actor that would amount to an intentional tort under state law will rise to the level of a substantive due process violation only if it also ‘shocks the conscience.’ ” Waddell v. Hendry County Sheriffs Office, 329 F.3d 1300, 1305 (11th Cir.2003) (quoting Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002)).
discussed Cited as authority (rule) Petersen v. Florida Bar
M.D. Fla. · 2010 · confidence medium
As a general proposition, the concept of substantive due process “is designed to protect those rights that are fundamental — rights that are implicit in the concept of ordered liberty.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002) (citation and internal quotation marks omitted); see also Coventry First, LLC v. McCarty, 605 F.3d 865 (11th Cir.2010) (affirming denial of plaintiffs motion to amend complaint to add substantive due process claim because right in question is “not a fundamental right”); Busse v. Lee County, Fla., 317 Fed.Appx. 968, 973 (11th Cir.2009) (“Subst…
cited Cited as authority (rule) D.D. Ex Rel. Davis v. Chilton County Board of Education
M.D. Ala. · 2010 · confidence medium
“Courts have been notably reluctant to expand substantive due process doctrine to encompass state torts.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002).
discussed Cited as authority (rule) Levoular Denise McCray v. Paul Howard
11th Cir. · 2008 · confidence medium
Thus, “even conduct by a government actor that would amount to an intentional tort under state law will rise to the level of a substantive due process violation only if it also ‘shocks the conscience.’ ” Waddell v. Hendry County Sheriff's Office, 329 F.3d 1300, 1305 (11th Cir.2003) (quoting Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002)).
cited Cited as authority (rule) L.C. Hall v. State of AL Dept. of Public Safety
11th Cir. · 2007 · confidence medium
Dacosta v. Nwachukwa, 304 F.3d 1045, 1047 (11th Cir.2002).
cited Cited as authority (rule) Griffin Industries, Inc. v. Irvin
11th Cir. · 2007 · confidence medium
Dacosta v. Nwachukwa, 304 F.3d 1045, 1047 (11th Cir.2002).
discussed Cited as authority (rule) Woods v. Valentino
M.D. Fla. · 2007 · confidence medium
See Collins, 503 U.S. at 128 , 112 S.Ct. 1061 (stating that the Due Process Clause does not purport to supplant state tort law); Dacosta v. Nwachukwa, 304 F.3d 1045, 1048-49 (11th Cir.2002) (“Rights conferred by state tort law, and adequately protected by that law, ‘remain largely outside the scope of substantive due process jurisprudence.’ ”) (quoting Skinner v. City of Miami, 62 F.3d 344, 347 (11th Cir.1995)).
discussed Cited as authority (rule) Chiketta Tinker v. Perry Beasley
11th Cir. · 2005 · confidence medium
Once action within the scope of discretionary authority has been established, a “reviewing court’s first task is to determine whether the complainant has alleged the deprivation of a cognizable constitutional right.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1047 (11th Cir.2002) (per curiam).
discussed Cited as authority (rule) Artistic Entertainment, Inc. v. City of Warner Robins
11th Cir. · 2005 · confidence medium
As we have said: “Conduct by a government actor that would amount to an intentional tort under state law would only rise to the level of a substantive due process violation if it ‘shocks the conscience’ or interferes with rights ‘implicit in the concept of ordered liberty’ — in other words, only if it affects *309 individual rights guaranteed, explicitly or implicitly, by the Constitution itself.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002) (citation omitted).
discussed Cited as authority (rule) Price v. University of Alabama
N.D. Ala. · 2003 · confidence medium
In deciding a Rule 12(b)(6) motion, the court must “... accept all well-pleaded factual allegations in the complaint as true and construe the facts in a light most favorable to the non-moving party.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1047 (11th Cir.2002), citing GJR Invs., Inc. v. County of Escambia, Fla., 132 F.3d 1359, 1367 (11th Cir.1998). “[Ujnsupported conclusions of law or of mixed fact and law have long been recognized not to prevent a Rule 12(b)(6) dismissal.” Dalrymple v. Reno, 334 F.3d 991, 996 (11th Cir.2003) (quoting Marsh v. Butler County, 268 F.3d 1014 , 1036 n. 16 (11…
discussed Cited as authority (rule) Larry Norman Waddell v. Erik S. Hermersen, Gary Leonard Wheeler, Jr.
11th Cir. · 2003 · confidence medium
But, even conduct by a government actor that would amount to an intentional tort under state law will rise to the level of a substantive due process violation only if it also “shocks the conscience.” Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002). “[O]nly the most egregious official conduct can be said to be arbitrary in the constitutional sense.” Lewis, 118 S.Ct. at 1716 (1998)(quotation and citation omitted).
discussed Cited "see" Valdez v. Salipan
D.N.M. · 2022 · signal: see · confidence high
See Dacosta v. Nwachukwa, 304 F.3d 1045 (11th Cir. 2002) (concluding that the standard was not met when a teacher attacked a student, including shoving her face as her arm was caught in a broken glass door); Skinner v. City of Miami, 62 F.3d 344 (11th Cir. 1995) (finding standard not met when firefighter was hazed and assaulted in a particularly degrading and humiliating fashion); Gerald v. Locksley, 785 F. Supp. 2d 1074 (D.N.M. 2011) (concluding that an assault did not “transcend ordinary state law” when assistant coach was choked and punched in the face); Perrin v. Canandaigua City Sch.
discussed Cited "see" Riley v. Jefferson County Board of Education
N.D. Ala. · 2020 · signal: see · confidence high
See Dacosta v. Nwachukwa, 304 F.3d 1045 (11th Cir. 2002) (concluding college instructor’s conduct did not rise to conscience-shocking level where instructor intentionally slammed door on student’s arm causing the glass to shatter, knocked student back by swinging the door violently, and shoved plaintiff’s face); Nix, 311 F.3d at 1379 (finding no constitutional deprivation where student died after touching an exposed live wire in teacher’s electromechanical class during a voltage-reading demonstration).
cited Cited "see" Giordano v. The School Board of Lee County, Florida
M.D. Fla. · 2020 · signal: see · confidence high
See Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir. 2002). “[O]nly the most egregious official conduct can be said to be arbitrary in the constitutional sense.” Waddell, 329 F.3d at 1305 .
cited Cited "see" Walker v. Tuscaloosa County School Board
N.D. Ala. · 2019 · signal: see · confidence high
See Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir. 2002). “[O]nly the most egregious official conduct can be said to be arbitrary in a constitutional sense.” Waddell, 329 F.3d at 1305 .
cited Cited "see" Giordano v. The School Board of Lee County, Florida
M.D. Fla. · 2019 · signal: see · confidence high
See Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir. 2002). “[O]nly the most egregious official conduct can be said to be arbitrary in the constitutional sense.” Waddell, 329 F.3d at 1305 .
cited Cited "see" K.W. v. Lee County School Board
M.D. Fla. · 2014 · signal: see · confidence high
See Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002). “[0]nly the most egregious official conduct can be said to be arbitrary in the constitutional sense.” Waddell, 329 F.3d at 1305 .
discussed Cited "see, e.g." Robbin v. Lopez
N.D. Ill. · 2023 · signal: see, e.g. · confidence medium
See, e.g., Dacosta v. Nwachukwa, 304 F.3d 1045, 1049 (11th Cir. 2002) (holding that a college professor’s intentional physical misconduct— viz., shoving a female student in the face and then slamming a door on her arm with so much force that the glass in the door panel shattered— didn’t “shock the conscience” and thus didn’t violate the plaintiff’s right to substantive due process); Skinner v. City of Miami, 62 F.3d 344 , 346 (11th Cir. 2006) (holding that stripping an apprentice firefighter naked, threatening to rape him, handcuffing him, and sexually assaulting him as part of…
discussed Cited "see, e.g." Red Door Asian Bistro v. City of Ft. Lauderdale
S.D. Fla. · 2021 · signal: see, e.g. · confidence medium
See, e.g., Dacosta v. Nwachukwa, 304 F.3d 1045, 1049 (11th Cir. 2002) (holding that a college professor’s intentional physical misconduct—viz., shoving a female student in the face and then slamming a door on her arm with so much force that the glass in the door panel shattered— didn’t “shock the conscience” and thus didn’t violate the plaintiff’s right to substantive due process); Skinner v. City of Miami, 62 F.3d 344 , 346 (11th Cir. 2006) (holding that stripping an apprentice firefighter naked, threatening to rape him, handcuffing him, and sexually assaulting him as part of …
discussed Cited "see, e.g." Desi's Pizza, Inc. v. City of Wilkes-Barre
3rd Cir. · 2003 · signal: see also · confidence medium
While the case law concerning which property interests are protected “provides very little guidance,” Homar v. Gilbert, 89 F.3d 1009, 1021 (3d Cir.1996), one general principle is clear: “whether a certain property interest” is constitutionally protected “is not determined by reference to state law, but rather depends on whether that interest is ‘fundamental’ under the United States Constitution.” Nicholas v. Pennsylvania State Univ., 227 F.3d 133, 140 (3d Cir.2000); see also Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002) (“[Substantive rights ‘created only by sta…
discussed Cited "see, e.g." Desi's Pizza, Inc. v. City Of Wilkes-Barre
3rd Cir. · 2003 · signal: see also · confidence medium
While the case law concerning which property interests are protected "provides very little guidance," Homar v. Gilbert, 89 F.3d 1009, 1021 (3d Cir.1996), one general principle is clear: "whether a certain property interest" is constitutionally protected "is not determined by reference to state law, but rather depends on whether that interest is `fundamental' under the United States Constitution." Nicholas v. Pennsylvania State Univ., 227 F.3d 133, 140 (3d Cir.2000); see also Dacosta v. Nwachukwa, 304 F.3d 1045, 1048 (11th Cir.2002) ("[S]ubstantive rights `created only by state law (as is the c…
Retrieving the full opinion text from the archive…
Melanie Lydia DACOSTA, Plaintiff-Appellee,
v.
Stanislaus NWACHUKWA, Individually and in His Official Capacity as College Instructor for Georgia Military College, Defendant-Appellant
02-10960.
Court of Appeals for the Eleventh Circuit.
Jul 18, 2002.
304 F.3d 1045
2002 U.S. App. LEXIS 18489
George P. Shingler, Casey, Gilson & Williams, Atlanta, GA Mark A. Basurto, Bush Ross Gardner Warren & Rudy, P.A., Tampa, FL, for Defendant-Appellant., Michael Bernard King, Jonesboro, GA, for Plaintiff-Appellee.
Carnes, Hull, Per Curiam, Wilson.
Cited by 49 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: Tenth Circuit (1)
PER CURIAM:

Stanislaus Nwachukwa (Appellant), a college instructor at Georgia Military college, appeals the district court’s denial of his motion to dismiss Melanie Lydia Da-costa’s suit, filed pursuant to 42 U.S.C. § 1983, on the basis of qualified immunity. The district court denied Appellant’s motion to dismiss, finding that Dacosta’s complaint alleged a violation of her substantive due process rights under the Fourteenth[*1047] Amendment to the United States Constitution. Appellant asserts that his conduct, as alleged in Dacosta’s complaint, amounts to only a state law tort and does not constitute a substantive due process violation. Appellant further argues that even if the facts alleged do constitute a violation of Dacosta’s constitutional rights, there was no clearly established law sufficient to put Appellant on notice that his actions amounted to a violation of those rights. We find that the facts alleged in the complaint are not sufficient to state a claim for a substantive due process violation, and hence reverse the district court.

BACKGROUND

A denial of qualified immunity on a motion to dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is an immediately appealable interlocutory order. Maggio v. Sipple, 211 F.3d 1346, 1350 (11th Cir.2000). We review such a denial de novo. Id. When reviewing the denial of a Rule 12(b)(6) motion to dismiss, we accept all well-pleaded factual allegations in the complaint as true and construe the facts in a light most favorable to the non-moving party. GJR Invs., Inc. v. County of Escambia, Fla., 132 F.3d 1359, 1367 (11th Cir.1998).

The following is a brief summary of the relevant facts, accepting Dacosta’s well-pleaded factual allegations as true and construing them in a light most favorable to her. On May 8, 1999, Dacosta attended a business class at Georgia Military College taught by Appellant. Dacosta asked Appellant a question about his teaching method; he ignored her question, though he answered similar questions posed by male students in the class. Dacosta later asked the same question; this time, Appellant not only failed to answer the question, but walked out of the classroom. Dacosta followed him out the door, seeking to approach Appellant about the question that he had persistently refused to address. Upon seeing that Dacosta had left the classroom herself, Appellant darted back inside the classroom, and slammed the door in Dacosta’s face in an effort to deny her reentry to the room. Dacosta held up an arm in an attempt to protect herself from the door; her arm shattered the glass window on the door and became lodged in the cracked pane. Appellant then violently swung the door several times in an attempt to knock Dacosta back from the door. After this effort proved unsuccessful, Appellant reached through the cracked glass pane and shoved Dacos-ta’s face, still trying to forcibly dislodge her arm from the window. At this point, several students in Dacosta’s class restrained Appellant until the police arrived and arrested Appellant for criminal battery. Dacosta incurred medical expenses of over $5,000 as a result of the incident.

Dacosta’s complaint, filed against Appellant and the Board of Trustees of Georgia Military College, alleged numerous violations of her federal constitutional rights, statutory rights pursuant to 20 U.S.C. § 1621(a), and rights under Georgia tort law. Both Appellant and the Board of Trustees filed motions to dismiss pursuant to Rule 12(b)(6). The district court dismissed all of Dacosta’s claims pursuant to these motions, with the exception of her individual claims against Appellant under the Due Process Clause of the Fourteenth Amendment. This appeal follows.

DISCUSSION

In evaluating a claim of qualified immunity, a reviewing court’s first task is to determine whether the plaintiff has alleged the deprivation of a cognizable constitutional right. Conn v. Gabbert, 526 U.S. 286, 290, 119 S.Ct. 1292, 143 L.Ed.2d 399 (1999). In the instant case, we must[*1048] first ascertain whether the facts alleged in Dacosta’s complaint amount to a violation of Dacosta’s rights under the Due Process Clause.

The substantive component of the Fourteenth Amendment’s Due Process Clause “prevent[s] government [officials] from abusing [their] power, or employing it as an instrument of oppression.” Collins v. City of Harker Heights, 503 U.S. 115, 126, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992) (internal quotation marks omitted). Our substantive due process doctrine is designed to “protect[ ] those rights that are fundamental — rights that are implicit in the concept of ordered liberty.” Skinner v. City of Miami, 62 F.3d 344, 347 (11th Cir.1995) (internal quotation marks omitted) (citation omitted). The substantive element of the Due Process Clause protects certain rights not expressly mentioned in the Constitution, such as the right to privacy, from state infringement. See Planned Parenthood v. Casey, 505 U.S. 833, 847-49, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992).

While the Supreme Court has extended protection under the Due Process Clause to a number of rights not explicitly referenced in the Constitution’s text, it has cautioned against the open-ended judicial expansion of other unenumerated rights. County of Sacramento v. Lewis, 523 U.S. 833, 842, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998) (“[W]e have always been reluctant to expand the concept of substantive due process.”) (internal quotation marks omitted); Collins, 503 U.S. at 125, 112 S.Ct. 1061 (“[G]uideposts for responsible deci-sionmaking in this [substantive due process area] are scarce and open-ended. The doctrine of judicial self restraint requires us to exercise the utmost care whenever we are asked to break new ground in this field”) (citation omitted).

Courts have been notably reluctant to expand substantive due process doctrine to encompass state torts. Rights conferred by state tort law, and adequately protected by that law, “remain largely outside the scope of substantive due process jurisprudence.” Skinner, 62 F.3d at 347. Substantive due process doctrine is not a “font of tort law to be superimposed upon whatever systems may already be administered by the States.” Paul v. Davis, 424 U.S. 693, 701, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1976). Indeed, substantive rights “created only by state law (as is the case with tort law and employment law) are not subject to substantive due process protection ... because substantive due process rights are created only by the Constitution.” McKinney v. Pate, 20 F.3d 1550, 1556 (11th Cir.1994) (en banc) (internal quotation marks omitted). Conduct by a government actor that would amount to an intentional tort under state law would only rise to the level of a. substantive due process violation if it “shocks the conscience” or interferes with rights “implicit in the concept of ordered liberty” — in other words, only if it affects individual rights guaranteed, explicitly or implicitly, by the Constitution itself. United States v. Salerno, 481 U.S. 739, 746, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987).

In the instant case, Dacosta has alleged intentional battery — a tort under Georgia law. Her right to be free from such a battery is conferred by Georgia law and protected by the Georgia courts. Dacosta cannot point us to any authority suggesting that such conduct, malicious as it may have been, amounted to a deprivation of her rights under the U.S. Constitution, as opposed to a deprivation of her rights under Georgia law. The cases she cites as authority for her substantive due process claim involve excessive force used by law enforcement officers, and are not applica[*1049] ble to the instant case. See, e.g., Gilmere v. City of Atlanta, 774 F.2d 1495 (11th Cir.1985); Johnson v. Glick, 481 F.2d 1028 (2nd Cir.1973).

The Skinner case provides useful guidance in our evaluation of Dacosta’s substantive due process claim. In Skinner, a group of firefighters pinned a co-worker to the floor of the firehouse and subjected him to a degrading assault as a part of a hazing ritual. Skinner, 62 F.3d at 346. The plaintiff argued that such conduct “shocked the conscience” and should give rise to a substantive due process claim. We noted that Skinner had in fact been assaulted, and should be free to pursue remedies for that assault under state law. Id. at 347. However, we also pointed out that Skinner could provide no authority for the proposition that his assault amounted to a violation of his constitutional rights, and denied him relief on that claim. Id. at 347-48.

In the instant case, Dacosta likewise cannot point to any authority holding that a battery perpetrated by a college teacher upon an adult student rose to the level of a substantive due process violation. In light of the Supreme Court’s finding in Collins that this area of the law should be developed cautiously, we feel that judicial restraint demands that we find no such violation on these facts. Remedies for batteries of this sort should be pursued in accordance with state law.

CONCLUSION

In order to overcome the defense of qualified immunity at the 12(b)(6) stage, a plaintiff must first assert the violation of a cognizable constitutional right. Dacosta has not done that in this case. Hence, the district court erred in denying Appellant qualified immunity. Accordingly, we reverse and remand this case to the district court for an entry of judgment in accordance with Appellant’s motion for dismissal.

REVERSED AND REMANDED.