Thursday, November 14, 2013

Paul v. Davis case brief

Paul v. Davis case brief summary
424 U.S. 693 (1976)

Petitioner police chief sought review on writ of certiorari of the decision of the United States Court of Appeals for the Sixth Circuit that respondent accused set forth a 42U.S.C.S. §1983 claim alleging violation of the Due Process Clause, U.S. Constitutional Amendment XIV. The cause of action alleged defamation.

Petitioner police chief sought review, on writ of certiorari, of the decision that respondent accused stated a valid claim under 42 U.S.C.S. §1983 and the Due Process Clause of U.S. Constitutional Amendment XIV. The case arose after petitioner circulated a flier on which respondent's mug shot was displayed. The photograph was taken upon respondent's prior arrest, and the flier was intended to help local retailers identify shoplifters.

  • The Court held that petitioner's alleged defamation, a typical state tort claim, was not actionable under the Due Process Clause and §1983
  • The procedural guarantees of the Due Process Clause could not be the source for a body of general federal tort law. 
  • The Court also found that respondent's injury to reputation was not specially protected by §1983 and the Due Process Clause. 
  • Damage to reputation, alone, apart from some more tangible interests, was not sufficient to invoke the protection of the Due Process Clause. 
  • Further, petitioner did not deprive respondent of any state-provided right, and respondent's case was not within the constitutional zone of privacy. 
  • The Court reversed the judgment.
The Court reversed the judgment finding in favor of respondent accused that a valid Due Process Clause claim was stated against petitioner police chief. The alleged defamation, without injury to tangible interests or state provided rights, was not sufficient to invoke the protection of the Due Process Clause.

Suggested Study Aids and Books

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...