substantive due process analysis (Wyoming) · Go Syfert
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substantive due process analysis in Wyoming

8 Wyoming opinions name it 1 courts 1989–2026 2 in the last five years

The cases below were cited by Wyoming courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Heninger v. Charnesgreen
colo · 1980 · cited in 2 Wyoming opinions naming this issue, 1989–1989
2 sentences

1989See Heninger v. Charnes, 200 Colo. 194 , 613 P.2d 884, 888 (1980) (en banc), and other cases collected at Annotation, Automobiles: Validity and Construction of Legislation Authorizing Revocation or Suspension of Operator's License for "Habitual," "Persistent," or "Frequent" Violations of Traffic Regulations, 48 A.L.R.4th 367 , § 6 at 411-15 (1986).

1989See Heninger v. Charnes, 200 Colo. 194 , 613 P.2d 884, 888 (1980) (en banc), and other cases collected at Annotation, Automobiles: Validity and Construction of Legislation Authorizing Revocation or Suspension of Operator's License for "Habitual," "Persistent," or "Frequent" Violations of Traffic Regulations, 48 A.L.R.4th 367 , § 6 at 411-15 (1986).

22
Vlandis v. Klinegreen
scotus · 1973 · cited in 2 Wyoming opinions naming this issue, 1989–1989
2 sentences

1989See Vlandis, 412 U.S. at 460-64 , 93 S.Ct. 2240 -42, 37 L.Ed.2d at 76-79 (Burger, C.J., dissenting, joined by Rehnquist, J.); and Id., 412 U.S. at 464-70 , 93 S.Ct. at 2242-45 , 37 L.Ed.2d at 78-81 (Rehnquist, J., dissenting, joined by Burger, C.J. and Douglas, J.).

1989See Vlandis, 412 U.S. at 460-64 , 93 S.Ct. 2240 -42, 37 L.Ed.2d at 76-79 (Burger, C.J., dissenting, joined by Rehnquist, J.); and Id., 412 U.S. at 464-70 , 93 S.Ct. at 2242-45 , 37 L.Ed.2d at 78-81 (Rehnquist, J., dissenting, joined by Burger, C.J. and Douglas, J.).

22
Alex Jordan Vaughn v. Stategreen
wyo · 2017 · cited in 1 Wyoming opinions naming this issue, 2026–2026
2 sentences

2026See e.g., Vaughn v. State, 2017 WY 29, ¶¶ 26–29, 391 P.3d 1086, 1095–96 (Wyo. 2017) (refusing to recognize, under substantive due 19 process, a fundamental right protecting juveniles convicted of certain crimes from having to register as sex offenders); DS v. Dep’t of Pub.

2026See e.g., Vaughn v. State, 2017 WY 29, ¶¶ 26–29, 391 P.3d 1086, 1095–96 (Wyo. 2017) (refusing to recognize, under substantive due 19 process, a fundamental right protecting juveniles convicted of certain crimes from having to register as sex offenders); DS v. Dep’t of Pub.

11
Mimkon v. Fordgreen
nj · 1975 · cited in 1 Wyoming opinions naming this issue, 2022–2022
1 sentence

2022Neither the Legislature nor this Court is blind to human truths which grandparents and grandchildren have always known.” Goff v. Goff, 844 P.2d 1087, 1090-91 (Wyo. 1993) (quoting Mimkon v. Ford, 332 A.2d 199, 204-05 (N.J. 1975)). [¶7] In Michael, we considered a substantive due process challenge to the 1994 version of Wyoming’s grandparent visitation statute, which stated in relevant part: (a) A grandparent may bring an original action against any person having custody of the grandparent’s minor grandchild to establish reasonable visitation rights to the child if: (i) The grandparent’s child w

11
Goff v. Goffgreen
wyo · 1993 · cited in 1 Wyoming opinions naming this issue, 2022–2022
1 sentence

2022Neither the Legislature nor this Court is blind to human truths which grandparents and grandchildren have always known.” Goff v. Goff, 844 P.2d 1087, 1090-91 (Wyo. 1993) (quoting Mimkon v. Ford, 332 A.2d 199, 204-05 (N.J. 1975)). [¶7] In Michael, we considered a substantive due process challenge to the 1994 version of Wyoming’s grandparent visitation statute, which stated in relevant part: (a) A grandparent may bring an original action against any person having custody of the grandparent’s minor grandchild to establish reasonable visitation rights to the child if: (i) The grandparent’s child w

11
WW Enterprises, Inc. v. City of Cheyennegreen
wyo · 1998 · cited in 1 Wyoming opinions naming this issue, 2004–2004
1 sentence

2004On this basis, in WW Enterprises, Inc. v. City of Cheyenne, 956 P.2d 353, 356 (Wyo.1998), we declined to consider a substantive due process claim because it was not raised below.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Michael v. Hertzler green
wyo · 1995
1 sentence

2022Michael, 900 P.2d at 1144 -45 (quoting Wyo.

12022–2022
County of Sacramento v. Lewis green
scotus · 1998
2 sentences

2018The Court devised a "culpability spectrum" and explained that "the *436 Constitution does not guarantee due care on the part of state officials; liability for negligently inflicted harm is categorically beneath the threshold of constitutional due process," while "behavior at the other end of the culpability spectrum ... would most probably support a substantive due process claim; conduct intended to injure in some way unjustifiable by any government interest is the sort of official action most likely to rise to the conscience-shocking level." Id.

2018However, not all conduct falls neatly on one end of the spectrum or the other, and conduct within the "middle range ... something more than negligence but less than intentional conduct.... may be actionable under the Fourteenth Amendment." Id.

12018–2018
Romeo v. Youngberg green
ca3 · 1981
1 sentence

2018Romeo v. Youngberg , 644 F.2d 147 , 177 (3d Cir. 1980) (Seitz, C.J., concurring). 7 [¶ 27] Both the professional judgment and deliberate indifference standards of care are subject to the overarching "shock the conscience" test a plaintiff must satisfy to make out a substantive due process claim.

12018–2018
Moreno v. STATE, DEPT. OF REVENUE & TAX green
wyo · 1989
2 sentences

2017This Court further recognized that these cases do “not consider the character of the alleged life, liberty, or property interest affected” and “might be interpreted to inject a strict judicial scrutiny standard of review into the substantive due process analysis every time a litigant can locate a conclusive statutory presumption.” Id.

2017The Court went on to comment that such an “approach would wreak havoc with traditional due process and equal protection anal-yses which focus first on the asserted life, liberty, or property entitlement involved or an alleged invidious discrimination against a discrete minority, or infringement of a fundamental constitutional right.” Id. [¶36] This Court further explained that the United States Supreme Court has since backed away from a per se application of the irrebuttable presumption doctrine in favor of the traditional substantive due process analysis.

12017–2017
Cheyenne Airport Board v. Rogers green
wyo · 1985
1 sentence

2003Id. at 728 .

12003–2003

Where else courts name it

CA 114 (1981–2026) IL 110 (1980–2026) TX 110 (1987–2025) PA 103 (1973–2026) WA 102 (1987–2024) IA 60 (1983–2024) MI 57 (1986–2025) WI 49 (1989–2024) NY 43 (1975–2026) NJ 38 (1970–2025) FL 34 (1974–2025) CT 31 (1991–2020) MN 30 (1986–2024) OH 28 (1989–2025) MA 25 (1975–2025) AL 24 (1980–2025) RI 23 (1991–2020) CO 22 (1960–2026) MD 21 (1985–2024) ND 21 (1978–2025) ME 20 (1981–2022) MS 18 (1991–2022) AZ 18 (1991–2023) WV 18 (1977–2025) UT 16 (1989–2026) SC 15 (1993–2025) MO 14 (1989–2023) KS 14 (1968–2025) GA 13 (1983–2021) TN 13 (1993–2018) AK 13 (1995–2025) NM 12 (1989–2025) NC 12 (1976–2021) VA 11 (1989–2025) OK 11 (1984–2022) DC 10 (1987–2023) NH 10 (1993–2015) MT 9 (1981–2025) LA 9 (1997–2024) ID 9 (1986–2023) IN 8 (1994–2024) SD 8 (1996–2024) WY 8 (1989–2026) DE 8 (1989–2025) NV 8 (1980–2025) AR 7 (2004–2023) OR 6 (1974–2011) KY 3 (2003–2025) HI 3 (1992–2018) NE 3 (1994–2025) VI 2 (2011–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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