No. 22-1174

Michael Erwine v. Churchill County, Nevada, et al.

Lower Court: Ninth Circuit
Docketed: 2023-06-05
Status: Denied
Type: Paid
Response Waived
Tags: due-process employment employment-discrimination ninth-circuit procedural-due-process public-employee public-employee-rights stare-decisis stigma-plus
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2023-09-26
Question Presented (AI Summary)

To state a viable 'stigma-plus' claim, must a plaintiff prove as a matter of fact 'effective exclusion' from a chosen profession?

Question Presented (from Petition)

QUESTION PRESENTED Conflicting with Codd v. Velger, 429 U.S. 624, 628 (1977), that a hearing is required if false and defamatory information is disseminated in connection with the termination of a public employee, the Ninth Circuit concluded in Blantz v. California Dep’t of Corr. & Rehab., Div. of Corr. Health Care Servs., 727 F.3d 917, 925 (9th Cir. 2013) that to state a viable “stigma-plus” procedural due process claim, a plaintiff must also show “effective exclusion” from a profession, meaning the stigmatizing statements effectively bar her from all employment in her field. The question presented is: To state a viable “stigma-plus” claim, must a plaintiff prove as a matter of fact “effective exclusion” from a chosen profession?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-12
DISTRIBUTED for Conference of 9/26/2023.
2023-06-27
Waiver of right of respondent Churchill County, Nevada, et al. to respond filed.
2023-06-01

Attorneys

Churchill County, Nevada, et al.
Katherine ParksThorndal Armstrong, PC, Respondent
Katherine ParksThorndal Armstrong, PC, Respondent
MIchael Erwine
Luke Andrew BusbyLuke Andrew Busby, Ltd., Petitioner
Luke Andrew BusbyLuke Andrew Busby, Ltd., Petitioner