holding that even if the plaintiff police officer would ordinarily have been entitled to a pre-termination hearing under the Due Process Clause, he was not entitled to such a hearing where he did not dispute the truth of the charges against him, because the purpose of a hearing is to resolve disputed factual issues
How later courts described this case
- holding that even if the plaintiff police officer would ordinarily have been entitled to a pre-termination hearing under the Due Process Clause, he was not entitled to such a hearing where he did not dispute the truth of the charges against him, because the purpose of a hearing is to resolve disputed factual issues
- holding that former police officer failed to affirmatively assert “that the report of the apparent suicide attempt was substantially false” and, as a result, failed to satisfy the final necessary element needed to make out a claim of stigmatization
- holding that plaintiff was not entitled to a hearing with respect to derogatory statements about him because "[n]owhere in his pleadings or elsewhere has [he] affirmatively asserted that the [statements in issue were] substantially false"
- holding that a name-clearing hearing, ordinarily required for an employee stigmatized by discharge, is not required where the employee "does not challenge the substantial truth of the material in question"
Written by the judges who cited it.
Distinguished
Distinguished by Mathews v. Ohio Public Employees Retirement System, 91 F. Supp. 3d 989 (2015)
Plaintiff argues that Codd is inapplicable to the facts of this case because plaintiff “was not afforded any forum in which to dispute his claim.
The opinion
Mr. Justice Blackmun,
concurring.
I join the Court’s per curiam opinion, but I emphasize that in this case there is no suggestion that the information in the file, if true, was not information of a kind that appropriately might be disclosed to prospective employers. We therefore are not presented with a question as to the limits, if any, on the disclosure of prejudicial, but irrelevant, accurate information.