United States Ninth Circuit

Placement of a Notice of Termination containing stigmatizing information in plaintiff's personnel file, in the face of a state statute mandating release upon request, constituted publication; thus, the lack of an opportunity for a name-clearing hearing violated his due process rights. As the right to a name-clearing hearing was clearly established, defendants were properly denied qualified immunity.

Appellate Information

• Argued 07/10/2002
• Decided 02/20/2004
• Published 02/20/2004

Judges

• Before HALL, TASHIMA, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Mary P. Gaston,Perkins Coie LLP, Spokane, WA, for the defendants-appellants., Paul J. Burns, Spokane, WA, for the plaintiffs-appellees.