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3451 Considering factors listed by the U.S. Supreme Court in Bivens -- whether there was an explicit legislative declaration that a constitutional violation should or should not give rise to a tort action, whether there was an equally effective alternative remedy, and whether there were special factors counseling hesitation to recognize such an action -- the California Supreme Court held that violation of the due process requirement of the state constitution is not a tort.CitationKATZBERG v REGENTS (Due Process) 29 C4 300 [See: CA Const Art I, 7; Katzberg v Regents (RevGrtd) 88 CA4 147, T/AT 5/01; Carlsbad Aquafarm v Dep’t 83 CA4 809, T/AT 10/00; Bivens v Six Unknown Agents 403 US 388]
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