individual is merely hearing (Texas) · Go Syfert
← Texas issues

individual is merely hearing in Texas

5 Texas opinions name it 1 courts 2003–2023 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Hughes v. City of Garlandgreen
ca5 · 2000 · cited in 2 Texas opinions naming this issue, 2018–2023
2 sentences

2023Dist., 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).

2018To 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 employee.”

22
Robert R. Evans, Cross-Appellee v. City of Dallas, Cross-Appellantgreen
ca5 · 1988 · cited in 2 Texas opinions naming this issue, 2018–2023
2 sentences

2023“A party does not have a liberty interest in [her] reputation . . . unless [s]he can establish that the governmental employer’s charges against [her] rise to such a level that they create a ‘badge of infamy’ which destroys the claimant’s ability to take advantage of other employment opportunities.” Evans v. City of Dall., 861 F.2d 846, 851 (5th Cir. 1988); see Hughes, 204 F.3d at 226 ; Phelan v. Tex. Tech Univ., No. 07-07-0171-CV, 2008 WL 190741 , at *10 (Tex. App.— Amarillo Jan. 23, 2008, pet. denied) (mem. op.) (“[A] liberty interest is affected only when a plaintiff is terminated for reason

2018“A party does not have a liberty interest in [her] reputation . . . unless [s]he can establish that the governmental employer’s charges against [her] rise to such a level that they create a ‘badge of infamy’ which destroys the claimant’s ability to take advantage of other employment opportunities.” Evans v. City of Dall., 861 F.2d 846, 851 (5th Cir. 1988); see also Hughes, 204 F.3d at 226 (“[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 h

22
Joyce Wells v. Hico Independent School District, Etc., Veriena Braune v. Hico Independent School District, Etc.green
ca5 · 1984 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023Dist., 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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Board of Regents of State Colleges v. Roth green
scotus · 1972
2 sentences

2003Roth , 408 U.S. at 573 n.12.

2003Roth, 408 U.S. at 573 n.12.

22003–2003
Floyd D. Arrington v. County of Dallas, Jack Richardson, Timothy Hammond v. County of Dallas, Jack Richardson and Rick Richardson green
ca5 · 1992
1 sentence

2018To 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 employee.”

12018–2018
Howard M. Rosenstein v. The City of Dallas, Texas green
ca5 · 1989
1 sentence

2015Rosenstein, 876 F.2d at 395 .

12015–2015

Statutes the citing opinions construe

USC § 42u.s.c.1983 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check