1. Substantive Due Process

• Jurisdiction: New York

1. Substantive Due Process

Involuntary confinement, either by isolation or quarantine, directly affects a fundamental right—the right to liberty—and the requirements of substantive due process compel the locality to demonstrate that it has a "substantial government interest" in that confinement. See Joyner v. Dumpson, 712 F.2d 770 (2d Cir. 1983). Cf. Beatie v. City of New York, 123 F.3d 707 (2d Cir. 1997) [using "rational relationship" test for substantive due process challenge not involving a fundamental right]. In sustaining the "substantial government interest" in the involuntary confinement of an individual, the government must show (1) that the specific individual, in fact, poses a danger to society, see O'Connor v. Donaldson, 422 U.S. 563, 575 (1975), and (2) that the same basic purpose—sustaining the "substantial government interest" cannot be achieved by less drastic means, i.e., the "least restrictive alternative." Shelton v. Tucker, 364 U.S. 479, 488 (1960); City of New...