GPO-CONAN-2017-10-15.pdf

Does not extend to respondent any legal guarantee of

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does not extend to respondent any legal guarantee of present enjoy- ment of reputation which has been altered as a result of petition- ers’ actions. Rather, his interest in reputation is simply one of a number which the State may protect against injury by virtue of its tort law, providing a forum for vindication of those interest by means of damage actions.” 841 Thus, unless the government’s official defa- mation has a specific negative effect on an entitlement, such as the denial to “excessive drinkers” of the right to obtain alcohol that oc- curred in Constantineau , there is no protected liberty interest that would require due process. A number of liberty interest cases that involve statutorily cre- ated entitlements involve prisoner rights, and are dealt with more extensively in the section on criminal due process. However, they are worth noting here. In Meachum v. Fano , 842 the Court held that a state prisoner was not entitled to a fact-finding hearing when he was transferred to a different prison in which the conditions were substantially less favorable to him, because (1) the Due Process Clause liberty interest by itself was satisfied by the initial valid convic- tion, which had deprived him of liberty, and (2) no state law guar- anteed him the right to remain in the prison to which he was ini- tially assigned, subject to transfer for cause of some sort. As a prisoner 839 But see Connecticut Department of Public Safety v. Doe, 538 U.S. 1 (2003) (posting of accurate information regarding sex offenders on state Internet website does not violate due process as the site does not purport to label the offenders as presently dangerous). 840 424 U.S. 693 (1976). 841 Here the Court, 424 U.S. at 701–10, distinguished Constantineau as being a “reputation-plus” case. That is, it involved not only the stigmatizing of one posted but it also “deprived the individual of a right previously held under state law—the right to purchase or obtain liquor in common with the rest of the citizenry.” 424 U.S. at 708. How the state law positively did this the Court did not explain. But, of course, the reputation-plus concept is now well-settled. See discussion below. See also Board of Regents v. Roth, 408 U.S. 564, 573 (1972); Siegert v. Gilley, 500 U.S. 226 (1991); Paul v. Davis, 424 U.S. 693, 711–12 (1976). In a later case, the Court looked to decisional law and the existence of common-law remedies as establishing a pro- tected property interest. Memphis Light, Gas & Water Div. v. Craft, 436 U.S. 1, 9–12 (1978). 842 427 U.S. 215 (1976). See also Montanye v. Haymes, 427 U.S. 236 (1976). 1986 AMENDMENT 14—RIGHTS GUARANTEED
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could be transferred for any reason or for no reason under state law, the decision of prison officials was not dependent upon any state of facts, and no hearing was required. In Vitek v. Jones , 843 by contrast, a state statute permitted trans- fer of a prisoner to a state mental hospital for treatment, but the transfer could be effectuated only upon a finding, by a designated physician or psychologist, that the prisoner “suffers from a mental disease or defect” and “cannot be given treatment in that facility.”
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