Hughes v. City of Garland, 204 F.3d 223 (5th Cir. 2000). · Go Syfert
Hughes v. City of Garland, 204 F.3d 223 (5th Cir. 2000). Cases Citing This Book View Copy Cite
99 citation events (99 in the last 25 years) across 14 distinct courts.
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Shane Bellard v. Sid Gautreaux, III (6×) also: Cited as authority (rule), Cited "see, e.g."
5th Cir. · 2012 · quote attribution · 2 verbatim quotes · confidence high
this circuit has consistently required that public disclosure be made by the defendant governmental entity.
examined Cited as authority (verbatim quote) Shane Bellard v. Sid Gautreaux, III (3×) also: Cited as authority (rule), Cited "see, e.g."
5th Cir. · 2012 · quote attribution · 1 verbatim quote · confidence high
this circuit has consistently required that public disclosure be made by the defendant governmental entity.
discussed Cited as authority (rule) Texas Department of Agriculture v. Be a Champion, Inc.; James Hong; Kevin Klotz; George Moon; And Jaron Barganier
Tex. App. · 2025 · confidence medium
To start, nothing they said changes the fact that they received constitutionally sufficient process, which defeats a stigma-plus claim. 90 87 Appellants’ Br., 42–43. 88 Id. at 43. 89 Id. at 38–46. 90 See Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000). 17 Also, Plaintiffs commented that “Appellants made false charges” and that TDA “published . . . that Appellees engaged in conduct amounting to a serious . . . deficiency.”91 But these remarks are no substitute for well-pled allegations showing that Defendants published false statements about Plaintiffs, as needed for …
discussed Cited as authority (rule) Roysdon v. United States (2×)
W.D. Tex. · 2025 · confidence medium
Id. (citing Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000)).
discussed Cited as authority (rule) Navarro v. City of Bryan
S.D. Tex. · 2023 · confidence medium
“The Supreme Court [has] recognized that there may be a constitutional requirement for notice and an opportunity to be heard upon dismissal from government employment.” Hughes v. City of Garland, 204 F.3d 223, 225 (5th Cir. 2000) (citations omitted).
discussed Cited as authority (rule) Navarro v. City of Bryan
S.D. Tex. · 2022 · confidence medium
“The Supreme Court [has] recognized that there may be a constitutional requirement for notice and an opportunity to be heard upon dismissal from government employment.” Hughes v. City of Garland, 204 F.3d 223, 225 (5th Cir. 2000) (citations omitted).
discussed Cited as authority (rule) Babinski v. Queen
M.D. La. · 2022 · confidence medium
Ed. 2d 515 (1971). 96 Goss v. Lopez, 419 U.S. 565, 574 (1975). 97 Tebo v. Tebo, 550 F.3d 492, 503 (5th Cir. 2008). 98 Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000). 99 Id. his paper.”100 Further, Babinski alleges that Walsh, Sosnowsky and Fletcher withheld mitigating information in their communications with LSU administrators and the Office of Student Advocacy and Accountability.101 He alleges that Sosnowsky and Walsh shared his education records and paper with other students.102 He avers that Walsh, Sosnowsky, and Fletcher continue to share his paper with others both inside a…
discussed Cited as authority (rule) Duhon v. Board of Supervisors for Louisiana State University and Agricultural and Mechanical College
E.D. La. · 2021 · confidence medium
As an initial matter, however, Hughes and related Fifth Circuit precedent address reputational injuries only within the context of public employment.58 In Shaboon, the Fifth Circuit remarked in a footnote that this line of cases did not apply as the plaintiff was not a public employee and, “in any event, [the plaintiff] never requested a name-clearing hearing.”59 Accordingly, the Court does not find that Plaintiff’s alleged injury to his reputation entitles him to any procedures separate and apart from those discussed in relation to his academic dismissal.60 Regardless, like in Shaboon, …
discussed Cited as authority (rule) Bobby Sewell v. City of Odessa, DC Oris, Jesse Duarte, Daryl Smith, Leslie Goodson, Joe Barrera and Bill Carpenter
Tex. App. · 2021 · confidence medium
To prevail on a claim of this type, Appellant must show: “(1) that [he] was discharged; (2) that stigmatizing charges were made against [him] in connection with the discharge; (3) that the 13 charges were false; (4) that [he] was not provided notice or an opportunity to be heard prior to [his] discharge; (5) that the charges were made public; (6) that [he] requested a hearing to clear [his] name; and (7) that the [City] refused [his] request for a hearing.” Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000).
cited Cited as authority (rule) Guerra v. City of Pleasanton
W.D. Tex. · 2021 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 225 (5th Cir. 2000); Salinas v. Univ. of Tex.-Pan Am., 74 F. App’x 311, at *2 (5th Cir. 2003).
discussed Cited as authority (rule) Ross v. Judson Indep Sch Dist
5th Cir. · 2021 · confidence medium
For these reasons, we AFFIRM summary judgment in favor of JISD on Ross’s race, sex, and age discrimination claims under the TCHRA and her procedural due process claim under § 1983. 32 Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000). 13
discussed Cited as authority (rule) Dunn v. Tunica County
N.D. Miss. · 2021 · confidence medium
Such a hearing serves the purpose of “providing a public forum or opportunity to clear one’s name, not actual review of the decision to discharge the employee.” Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000) (quoting Rosenstein v. City of Dallas, 876 F.2d 392, 395 (5th Cir. 1989)).
discussed Cited as authority (rule) Guerra v. City of Pleasanton (2×)
W.D. Tex. · 2020 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 225 (5th Cir. 2000); Salinas v. Univ. of Tex.-Pan Am., 74 F. App’x 311, at *2 (5th Cir. 2003).
cited Cited as authority (rule) Wei-Ping Zeng v. Texas Tech Univ Hlth Sci Ctr, et
5th Cir. · 2020 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 228 (5th Cir. 2000) (quotation omitted).
discussed Cited as authority (rule) Cervantez v. Collier
W.D. Tex. · 2020 · confidence medium
The “personnel records 15 of state employees are not freely available, . . . both the employer and the government employee have the right to resist disclosure of such records when disclosure will invade the government employee’s privacy.” Hughes v. City of Garland, 204 F.3d 223, 228 (5th Cir. 2000); Willbanks, 661 F.Supp. at 217 .
discussed Cited as authority (rule) William Short v. Marlin Gusman
5th Cir. · 2020 · confidence medium
As relevant to this appeal, the “public disclosure must be fairly attributable to the defendant employer.” Hughes v. City of Garland, 204 F.3d 223, 227 (5th Cir. 2000). 8 Case: 19-30314 Document: 00515350109 Page: 9 Date Filed: 03/18/2020 No. 19-30314 As a preliminary matter, the compliance director was not Short’s “government employer” and therefore Maynard and Hodge cannot be liable for depriving Short of a liberty interest.
discussed Cited as authority (rule) Spears v. McCraw
W.D. Tex. · 2019 · confidence medium
A liberty interest is infringed, and the right to notice and an opportunity to clear one’s name arises, only when the employee is “discharged in a manner that creates a false and defamatory impression about him and thus stigmatizes him and forecloses him from other employment opportunities.” Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000).
discussed Cited as authority (rule) Thomas v. University of Mississippi
N.D. Miss. · 2019 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 226 (Sth Cir. 2000) Defendants assert that Thomas has failed to state a claim because he has alleged no facts relating to the sixth and seventh elements—that he requested a name-clearing hearing and that any of the Defendants refused his request.
discussed Cited as authority (rule) Town of Shady Shores v. Sarah Swanson (2×) also: Cited "see, e.g."
Tex. App. · 2018 · confidence medium
To plead a claim based on the deprivation of a constitutional right to a name-clearing hearing, “a plaintiff must allege that [s]he was a public employee, that [s]he was discharged, that stigmatizing charges were made against [her] in connection with [her] discharge, that the charges were false, that the charges were made public, that [s]he requested a name-clearing hearing, and that the hearing was denied.” Id. “[T]he process due such an individual is merely a hearing providing a public forum or 24 opportunity to clear one’s name, not actual review of the decision to discharge the emp…
cited Cited as authority (rule) Wilkerson v. University of North Texas ex rel. Board of Regents
E.D. Tex. · 2016 · confidence medium
Bledsoe, 449 F.3d at 653 (citing Hughes, 204 F.3d at 226).
discussed Cited as authority (rule) Slegelmilch v. Pearl River County Hospital & Nursing Home
5th Cir. · 2016 · confidence medium
Due Process Claim Slegelmilch also claims that her due process rights were violated when Defendants failed to provide her with a name-clearing hearing in connection with her termination. “[A] constitutionally protected liberty interest is implicated only if an employee is discharged in a manner that creates a false and defamatory impression about him and thus stigmatizes him and forecloses him from other employment opportunities.” Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000) (quoting White v. Thomas, 660 F.2d 680, 684 (5th Cir. 1981)).
cited Cited as authority (rule) Rayborn v. Bossier Parish School System
W.D. La. · 2016 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000).
discussed Cited as authority (rule) Stephen Miller v. Metrocare Services
5th Cir. · 2016 · confidence medium
This court “employs a seven-element ‘stigma-plus-infringement’ test to determine whether § 1983 affords a government employee a remedy for deprivation of liberty without notice or an opportunity to clear his name.” Id. (citing Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000)).
discussed Cited as authority (rule) Jackie Anderson, Patrick Cockerham, Diann Banks, Herbert Lenton, and Mable Caleb v. Terry Grier, Superintendent of the Houston Independent School District (2×)
Tex. App. · 2015 · confidence medium
Liberty-Interest Due Process Claims Plaintiff Caleb asserts a deprivation of her liberty interests, a type of procedural due process claim under the 17 15-20297.1979 Case 4:12-cv-00675 Document 98 Filed in TXSD on 06/13/13 Page 18 of 26 Fourteenth Amendment. “[D]ischarge from public employment under circumstances that put the employee’s reputation, honor or integrity at stake gives rise to a liberty interest under the Fourteenth Amendment to a procedural opportunity to clear one’s name.” Rosenstein v. City of Dallas, Tex., 876 F.2d 392, 395 (5th Cir. 1989).20 See also Hughes v. City of…
examined Cited as authority (rule) Gonzalez v. Harlingen Consolidated Independent School District (3×) also: Cited "see, e.g."
S.D. Tex. · 2015 · confidence medium
Liberty Interest Interpreting the Due Process Clause, the Supreme Court has declared that, “where a person’s good name, reputation, honor, or integrity is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential.” Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000) (Quoting Bd. of Regents of State Coll. v. Roth, 408 U.S. 564, 573 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972)).
discussed Cited as authority (rule) Mable Caleb v. Terry Grier
5th Cir. · 2015 · confidence medium
Id. “[A] liberty interest is infringed, and the right to notice and an opportunity to clear one’s name arises, only when the employee is ‘discharged in a manner that creates a false and defamatory impression about him and thus stigmatizes him and forecloses him from other employment opportunities.’ ” Bledsoe v. City of Lake Horn, Miss., 449 F.3d 650, 653 (5th Cir.2006) (quoting White v. Thomas, 660 F.2d 680, 684 (5th Cir.1981)). “‘[T]he process due such an individual is merely a hearing providing a public forum or opportunity to clear one’s name, not actual review of the decisi…
cited Cited as authority (rule) Jingping Xu v. University of Texas M.D. Anderson Cancer Center
5th Cir. · 2014 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000).
cited Cited as authority (rule) Yul Chu v. Mississippi State University
5th Cir. · 2014 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000).
cited Cited as authority (rule) Maurer v. Town of Independence
E.D. La. · 2014 · confidence medium
Id. (citing Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000)).
cited Cited as authority (rule) Kocher v. Larksville Borough
M.D. Penn. · 2013 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 228 (5th Cir.2000); Copeland v. Philadelphia Police Dep’t, 840 F.2d 1139 , 1148 (3d Cir.1988).
cited Cited as authority (rule) Jingping Xu v. University of Texas MD Anderson Cancer Center
S.D. Tex. · 2012 · confidence medium
See Tebo v. Tebo, 550 F.3d 492, 504 (5th Cir.2008); Hughes v. City of Garland, 204 F.3d 223, 228 (5th Cir.2000).
cited Cited as authority (rule) Dennis Laravia v. Fred Cerise
5th Cir. · 2012 · confidence medium
E.g., Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000).
cited Cited as authority (rule) LaRavia v. Cerise
5th Cir. · 2012 · confidence medium
E.g., Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000).
cited Cited as authority (rule) Bonillas v. Harlandale Independent School District
W.D. Tex. · 2011 · confidence medium
Bledsoe, 449 F.3d at 653 (citing Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000)).
cited Cited as authority (rule) Higgenbotham v. Connatser
5th Cir. · 2011 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000).
cited Cited as authority (rule) Tebo v. Tebo
5th Cir. · 2008 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 228 (5th Cir.2000).
examined Cited as authority (rule) Christopher A. Sciolino v. City of Newport News, Virginia Dennis A. Mook, Individually and as Chief of Police for the City of Newport News (4×)
4th Cir. · 2007 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 228 (5th Cir.2000); Copeland v. Philadelphia Police Dep’t, 840 F.2d 1139 , 1148 (3d Cir.1988).
discussed Cited as authority (rule) Sciolino v. City of Newport News (2×)
4th Cir. · 2007 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 228 (5th Cir. 2000); Copeland v. Philadelphia Police Dep’t, 840 F.2d 1139 , 1148 (3d Cir. 1988).
discussed Cited as authority (rule) Bledsoe v. City of Horn Lake MS
5th Cir. · 2006 · confidence medium
Board of Regents of State Colleges v. Roth, 408 U.S. 564, 573, 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972), quoted in Hughes v. City of Garland, 204 F.3d 223, 225-26 (5th Cir.2000) (discussing the Supreme Court’s recognition of a procedural due process right to notice and an opportunity to clear one's name when the government discharges an employee in a manner that puts the employee’s "good name, reputation, honor, or integrity ... at stake”). 7 .
discussed Cited as authority (rule) Bell v. Board of County Commissioners of Jefferson County
D. Kan. · 2004 · confidence medium
See, e.g., Dasey v. Anderson, 304 F.3d 148, 156 (1st Cir.2002) (without dissemination, no right to name-clearing hearing); Hughes v. City of Garland, 204 F.3d 223, 228 (5th Cir.2000) (presence of stigmatizing information in personnel file insufficient to create triable issue on public disclosure element of liberty interest claim); McMath v. City of Gary, Ind., 976 F.2d 1026 (7th Cir.1992) (information in plaintiffs personnel file may be “ticking time bomb” but unless it is disseminated, no publication); Copeland v. Phila.
discussed Cited as authority (rule) Perez v. Housing Authority of Uvalde
5th Cir. · 2004 · confidence medium
“A constitutionally protected liberty interest is implicated only if an employee is discharged in a manner that created a false and defamatory impression about him and thus stigmatizes him and forecloses him from other employment opportunities.” White v. Thomas, 660 F.2d 680, 684 (5th Cir.1981); Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000).
discussed Cited as authority (rule) Garza v. Traditional Kickapoo Tribe
5th Cir. · 2003 · confidence medium
Moreover, Garza has not shown that the alleged stigma associated with the termination of his purported contractual agreement foreclosed him from other employment opportunities, see Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000), and, therefore, he has failed to establish that he had a protectable liberty interest.
cited Cited as authority (rule) Hausey v. City of McKinney
5th Cir. · 2003 · confidence medium
The district court’s grant of summary judgment in favor of the City of McKinney is AFFIRMED. 7 See Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000). 8 Id. (internal quotations omitted). 4
discussed Cited as authority (rule) Lee v. Morial
5th Cir. · 2002 · confidence medium
Hughes v. City of establishes a tort for malicious persecution, but Garland, 204 F.3d 223, 226 (5th Cir. 2000) the plaintiff must allege that the criminal action (citations omitted). terminated in his favor.
cited Cited as authority (rule) Richards v. City of Weatherford
N.D. Tex. · 2001 · confidence medium
Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000); Rosenstein, 876 F.2d at 395 ; Youngblood, 920 F.Supp. at 106 (emphasis added).
discussed Cited "see" Texas Department of Agriculture v. Be a Champion, Inc.; James Hong; Kevin Klotz; George Moon; And Jaron Barganier
Tex. App. · 2025 · signal: see · confidence high
See Hughes v. City of Garland, 204 F.3d 223, 227 (5th Cir. 2000); cf. Roe v. Patterson, 707 S.W.3d 94 , 98 (Tex. 2025) (“a person who supplies defamatory material to another for publication can be liable for defamation”).
discussed Cited "see" Vivian Casper v. Texas Woman's University, Abigail Tilton, Shannon Scott, Genevieve West, Symone Osieko, Carine Feyten, Carolyn Kapinus, and Katherine Antwi Green (2×)
Tex. App. · 2023 · signal: see · confidence high
Dist., 736 F.2d 243, 256 (5th Cir. 1984); see Rickert v. Meade, No. 06-20-00002-CV, 2020 WL 4354946 , at *2 (Tex. App.—Texarkana July 30, 2020, no pet.) (mem. op.). “[T]he process due such an individual is merely a hearing providing a public forum or opportunity to clear one’s name, not actual review of the decision to discharge the employee.” Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000) (internal citation and quotation omitted).
cited Cited "see" Nichols v. University of Southern Mississippi
S.D. Miss. · 2009 · signal: see · confidence high
See Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir.2000) (quoting Roth, 408 U.S. at 573 , 92 S.Ct. 2701 ).
cited Cited "see" Scott Phelan v. Texas Tech University
Tex. App. · 2008 · signal: see · confidence high
See Hughes v. City of Garland , 204 F.3d 223, 227-28 (5 th Cir. 2000).
cited Cited "see" Scott Phelan v. Texas Tech University
Tex. App. · 2008 · signal: see · confidence high
See Hughes v. City of Garland, 204 F.3d 223, 227-28 (5th Cir. 2000).
Retrieving the full opinion text from the archive…
Tamara L. HUGHES, Plaintiff-Appellant,
v.
CITY OF GARLAND, Defendant-Appellee
99-10482.
Court of Appeals for the Fifth Circuit.
Feb 15, 2000.
204 F.3d 223
Luther G. Jones, III (argued), Magary & Associates, Dallas, TX, for Plaintiff-Appellant., Ronald Bradford Neighbor (argued), Charles M. Hinton, Jr., Garland, TX, for DefendanWAppellee.
Garwood, Wiener, Demoss.
Cited by 58 opinions  |  Published
DeMOSS, Circuit Judge:

Plaintiff Tamara Hughes sued her former employer, the City of Garland, alleging that the City violated her due process rights by denying her a meaningful opportunity to clear her name after she was terminated from her job as a 911 operator because she filed a false police report. The City moved for and was granted summary judgment.- We review the district court’s grant of summary judgment de novo, and affirm.

BACKGROUND

Hughes was a 911 operator with the Garland Police Department from 1994 until her termination on April 4, 1997. Hughes’s employment with the City was at will.

For several months prior to February 1997, Hughes was romantically involved with a city police officer. On February 8, 1997, the police officer ended the relationship. The uncontroverted summary judgment evidence is that Hughes was despondent and depressed about this development. The next day, Hughes called one of her co-workers in the dispatch office of the police department. Hughes told her friend that someone had tried to sexually assault Hughes at her home. Hughes also called the police officer and reported the attempted sexual assault, telling him that he would probably be questioned about the attack because investigators had noticed his picture on her coffee table. City police officers investigated the incident, and eventually determined that the attack reported by Hughes did not occur, and that Hughes had filed a false report, in violation of city policy.

On April 3, 1997, Hughes’s supervisor recommended that her employment be terminated for making a false police report in violation of city policy. Significantly, Hughes was provided with written notice of the City’s intent to terminate her employment and the reasons for that decision. By letter dated April 3, 1997, Hughes was informed:

On February 9, 1997, you made statements to Garland Police Officer S. Vorn-berg that your home had been entered and you were assaulted. In his official capacity as an officer, you caused him to file an offense report. On the same date and during the official investigation- into this matter, you made similar statements in a written sworn affidavit to Police Detective Van Cleave. The investigation has revealed evidence that the[*225] offense and statements you made in those official documents were false.

Hughes was also informed that she had the right to respond and to explain, either orally or in writing, why she should not be discharged.

On April 4, 1997, Hughes responded in writing. Hughes asserted that she should not be discharged, claiming that her report of attempted sexual assault was true. The City responded with an official notice of termination. Significantly, that letter informed Hughes that she could present her case at a hearing before the city manager, at which time she could appear with counsel and present witnesses with information relevant to the City’s decision to terminate her for filing a false police report.

Hughes requested such a hearing and appeared with counsel before the city manager on May 13, 1997. At the hearing, the city manager explained that he would consider whatever Hughes had to say when deciding whether the decision to terminate Hughes’s employment needed to be rescinded. Hughes was then given an opportunity to tell the city manager her version of the facts, which included her assertion that the assault occurred and that she did not file a false report. Hughes’s father also spoke on her behalf. On June 17, 1997, the city manager notified Hughes in writing that the City had considered her statements and decided to adhere to the decision to terminate her employment.

In December 1997, Hughes brought this suit against the City of Garland, alleging that the City wrongfully accused her of filing a false police report and then denied her any meaningful opportunity to clear her name. Hughes sought reinstatement to her position and compensatory damages. The City moved for summary judgment arguing, inter alia, (1) that Hughes failed to produce evidence competent to establish that the City made the- reasons for her termination public, and (2) that Hughes could not prevail because she did in fact receive a meaningful opportunity to clear her name. The district court relied upon the first ground to grant summary judgment in favor of the City, holding that Hughes’s evidence did not establish public disclosure of the reasons for her discharge by the City. The district court did not address the remaining arguments asserted by the City in support of its summary judgment motion. Hughes filed a timely notice of appeal.

On appeal, Hughes argues that she produced sufficient evidence that the City publicly disclosed the reason for her termination, and that she was not provided any meaningful opportunity to clear her name. The City reasserts its arguments to the contrary, which were included in the City’s motion for summary judgment.

DISCUSSION

I.

The Supreme Court first recognized that there may be a constitutional requirement for notice and an opportunity to be heard upon dismissal from government employment in Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972), and Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972), both decided June 29, 1972. The right to notice and an opportunity to be heard in this context are procedural requirements rather than substantive due process rights, and those requirements never arise unless the plaintiff can allege some deprivation of liberty or property as set forth in the Fourteenth Amendment. Perry, 92 S.Ct. at 2698; see also Wells v. Hico Indep. Sch. Dist., 736 F.2d 243, 251 (5th Cir.1984); Moore v. Mississippi Valley State Univ., 871 F.2d 545, 548 (5th Cir.1989) (discussing “threshold requirement” that “the plaintiff demonstrate either a liberty or a property interest in her public employment”). Both Perry and Roth involved primarily the issue of whether the plaintiffs had any property interest in their non-tenured employment as university professors. There is no allegation in this[*226] case that Hughes had any property interest in continued employment by the City.

In Roth, the Supreme Court also distinguished the case at hand by recognizing that a state’s employment decisions might implicate liberty interests. Roth, 92 S.Ct. at 2707. The Court noted that “where a person’s good name, reputation, honor, or integrity is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential.” Id. (internal alterations and quotations omitted). In such a case, due process requires that the affected employee be given notice of the charges and an opportunity to clear his or her name. Id. at 2707 & n. 12. This Court explored the boundaries of the liberty interest recognized in Roth in Rosenstein v. City of Dallas, 876 F.2d 392, 395 (5th Cir.1989):

[PJublic officials do not act improperly in publicly disclosing charges against employees, but they must thereafter afford procedural due process to the person charged. Moreover, the process due such an individual is merely a hearing providing a public forum or opportunity to clear one’s name, not actual review of the decision to discharge the employee. If a government employer discharges an individual under circumstances that will do special harm to the individual’s reputation and fails to give that individual an opportunity to clear his name, however, the individual may recover monetary damages under § 1983 for the deprivation of his liberty interest under the Fourteenth Amendment.

Id. at 395 (internal citations omitted). [1]

To state a claim for deprivation of a liberty interest, the plaintiff must allege more than merely the stigma of discharge. See Wells, 736 F.2d at 256 (Mere proof that the employment decision “might make an individual less attractive to other employers does not, by itself, implicate a liberty interest.”); see also Fa-rias v. Bexar County Bd. of Trustees for Mental Health Mental Retardation Servs., 925 F.2d 866, 878 (5th Cir.1991). Moreover, concern about the impact of the plaintiffs discharge on his or her general reputation is not, standing alone, sufficient to give rise to the required liberty interest. See Rosenstein, 876 F.2d at 395 n. 1; In re Selcraig, 705 F.2d 789, 795-96 (5th Cir.1983); White v. Thomas, 660 F.2d 680, 684 (5th Cir.1981). To the contrary, “a constitutionally protected liberty interest is implicated only if an employee is discharged in a manner that creates a false and defamatory impression about him and thus stigmatizes him and forecloses him from other employment opportunities.” White, 660 F.2d at 684; see also Moore, 871 F.2d at 550; Wells, 736 F.2d at 256. Hughes’s claim is premised upon such a deprivation of liberty. Hughes maintains that the City’s allegation that she made a false police report is relevant to and can be reasonably expected to interfere with her future employment prospects in other police departments as a 911 operator.

To prevail on her § 1983 claim that the City infringed upon a cognizable liberty interest by denying her the opportunity to clear her name, Hughes must show: (1) that she was discharged; (2) that stigmatizing charges were made against her in connection with the discharge; (3) that the charges were false; (4) that she was not provided notice or an opportunity to be heard prior to her discharge; (5) that the charges were made public; (6) that she requested a hearing to clear her name; and (7) that the employer refused her request for a hearing. See Rosenstein, 876 F.2d at 395-96; Moore, 871 F.2d at 549. While there is an obvious dispute about whether there was ever any assault and, thus, whether Hughes in fact filed a false police report, the propriety of summary judgment does not depend upon the resolution of that factual dispute. Rather, the[*227] propriety of summary judgment in this case centers around Hughes’s alleged failure to produce any evidence with respect to element (5); only if she prevailed on that element would we reach elements (6) and (7).

II.

Hughes offered three types of evidence to satisfy the public disclosure, element of her claim. First, Hughes offered affidavit testimony from Jackie Parker and William H. Johnson. Jackie Parker, who is Hughes’s neighbor, testified that she called the police department about two weeks to one month after the alleged assault on Hughes. Parker called to get assistance because her daughter’s bicycle had been stolen, but she also took the opportunity to prod a 911 operator about the alleged assault at Hughes’s address. Parker told the operator that the entire neighborhood was concerned for the safety of their daughters and neighbors and that she needed to know what was happening with the investigation. Parker testified that the operator then said that the person reporting the offense was a 911 operator who made the report to get attention after a failed romance and that Parker should not be concerned that further assaults would occur.

William H. Johnson, an employee in an auto repair shop owned by a city policeman, testified that his boss, the policeman, told him that the boss’s secretary told the boss that the Hughes report was “a bull shit deal.” Johnson also testified that an office supply worker who is friends with a city police officer asked Johnson whether he had “heard about” Hughes. Finally, Johnson testified that there was talk among his co-workers at the auto repair shop about Hughes being a jilted lover who filed a retaliatory false report. Hughes contends that the Parker and Johnson affidavits are competent and sufficient evidence to create a fact issue concerning whether the City orally disclosed the reason for her discharge through its 911 operator or a city police officer.

The district court held that this evidence failed to create a genuine issue of material fact because there was no “connection between the publication and some act by a city official.” The district court concluded that there was no indication that the reassurance offered to Hughes’s neighbor by the 911 operator or the shop talk circulating around Mr. Johnson’s work place was generated in any way by conduct fairly .attributable to the City. Hughes maintains that it is immaterial who released the information concerning her discharge or whether that person had authority to act for the City. Stated differently, Hughes maintains that the relevant test is whether the City had a policy or practice of failing to protect employee information such that the information was in fact released, without regard to whether the release can fairly be ascribed to the City. We disagree. This Court’s authority conclusively establishes that public disclosure must be fairly attributable to the defendant employer. See, e.g., Blackburn v. City of Marshall, 42 F.3d 925, 936 n. 10 (5th Cir.1995); Moore, 871 F.2d at 549-50; Wells, 736 F.2d at 257-58; In re Selcraig, 705 F.2d at 795-97.

There remains, however, the question of whether the comments of the 911 operator or the police officer, both recounted in the form of second-hand hearsay or worse in the summary judgment evidence, can be fairly ascribed to the City. We agree with the district court that there is no triable issue arising from the affidavit testimony. First of all, neither Parker nor the 911 operator is alleged to have identified Hughes by name during the call. Rather, the 911 operator released relatively innocuous information in response to the direct inquiries of an informed and concerned citizen. Johnson’s affidavit, which provides only several rambling scenarios in which Hughes’s name came up, is even less probative. The only comment attributed to the city police officer is a report gath[*228] ered from his secretary and passed on to auto repair shop employees that the report was a “bull shit deal.” Hughes has shown nothing more than that some people in the community heard rumors about the events leading up to her discharge. This casual gossip falls well short of “intentional or official” disclosure by the City. See Wells, 736 F.2d at 256; In re Selcraig, 705 F.2d at 796 n. 6.

Hughes also offered evidence that there was a stray page in her city personnel file that was taken from the diagnostic manual known as the Diagnostic and Statistical Manual (DSM). Hughes does not argue that the contents of her personnel file (including the objectionable page) have been disclosed, but that they are likely to be disclosed because Texas law provides that the personnel files of state employees are freely available in all their particulars to anyone who asks. See In re Selcraig, 705 F.2d at 796 n. 6. The City responds with evidence that the personnel records of state employees are not freely available, and that both the employer and the government employee have the right to resist disclosure of such records when disclosure will inváde the government employee’s privacy. Further, the City responds that the City’s policy is to keep employee information confidential, and that no city official or employee is authorized to release information about a former employee aside from the starting and ending dates of employment, the salary at termination, and the last position held. We conclude that the mere presence of the DSM page in Hughes’s personnel file is insufficient to create a triable issue on the public disclosure element of her claim.

Hughes’s final evidence of public disclosure is based upon the fact that she herself must disclose the reason for her discharge to prospective employers. Thus, Hughes is arguing that compelled self-publication may satisfy the requirement of public disclosure. The Circuits are split on the issue of whether self-publication may satisfy the public disclosure element in a § 1983 claim alleging that the plaintiff was denied a name clearing hearing. See Olivieri v. Rodriguez, 122 F.3d 406, 408-409 (7th Cir.1997) (collecting cases, documenting circuit split, and discussing problems with the self-compelled publication rationale), cert. denied, 522 U.S. 1110, 118 S.Ct. 1040, 140 L.Ed.2d 106 (1998). This Circuit has consistently required that public disclosure be made by the City. See, e.g., Blackburn v. City of Marshall, 42 F.3d 925, 936 n. 10 (5th Cir.1995); Moore, 871 F.2d at 549-50; Wells, 736 F.2d at 257-58; In re Selcraig, 705 F.2d at 795-97. Indeed, we have expressly held that there is no liability when the “agency has carefully kept the charges confidential and the plaintiff caused them to be made public.” Rosenstein, 876 F.2d at 396 n. 6. This precedent is sufficient to require rejection of the self-publication rationale. For the foregoing reasons, we agree with the district court that summary judgment is appropriate because there is no genuine issue of material fact with respect to the public disclosure element of Hughes’s claim.

CONCLUSION

The district court’s grant of summary judgment in favor of the City of Garland is AFFIRMED.

1

. Rehearing was subsequently granted in Ro-senstein, but the majority opinion cited herein was eventually reinstated in relevant part. See Rosenstein v. City of Dallas, 901 F.2d 61 (5th Cir.1991) (en banc).