CODD V. VELGER
429 U.S. 624 (1977)
NATURE OF THE CASE: Codd (D) appealed a reversal of a lower court decision against Velger
(P) about his right to a hearing before being discharged from public employment.
FACTS: P alleged that he had been wrongly dismissed without a hearing or a statement of
reasons from his position as a patrolman and, under 42 U.S.C. 1983, sought reinstatement
and damages for the resulting injury to his reputation and future employment prospects.
While still a trainee, P had put a revolver to his head in an apparent suicide attempt. The
lower court ruled against P as it found no stigma. On appeal that court held that the
finding of no stigma was clearly erroneous. It reasoned that the information about the
apparent suicide attempt was of a kind which would necessarily impair employment prospects
for one seeking work as a police officer. It also decided that the mere act of making
available personnel files with the employee's consent was enough to place responsibility for
the stigma on the employer, since former employees had no practical alternative but to
consent to the release of such information if they wished to be seriously considered for
other employment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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