PAUL V. DAVIS
424 U.S. 693 (1976)
NATURE OF THE CASE: This was a dispute over whether governmental defamation, standing
alone and apart from any other governmental action was enough to state a claim for relief
under 42 U.S.C. § 1983 and the Fourteenth Amendment.
FACTS: Petitioner Paul (D) is the Chief of Police of the Louisville, Ky., Division of
Police, while petitioner McDaniel (D) occupies the same position in the Jefferson County,
Ky., Division of Police. They got together and decided to warn merchants of possible
shoplifters. They distributed a flyer of 'mug shot' wherein appeared photos and the name of
the respondent, Davis (P). P had been arrested in Louisville on a charge of shoplifting. He
had been arraigned on this charge in September, 1971, and, upon his plea of not guilty, the
charge had been 'filed away with leave [to reinstate],' a disposition which left the charge
outstanding. Thus P’s guilt or innocence of that offense had never been resolved. Shortly
after circulation of the flyer, the charge against P was finally dismissed by a judge of the
Louisville Police Court. P was employed as a photographer by the Louisville Courier-Journal
and Times. P's supervisor called P in to hear his version of the events leading to his
appearing in the flyer. The supervisor informed P that, although he would not be fired, he
'had best not find himself in a similar situation' in the future. P brought this § 1983
action seeking redress for the alleged violation of rights guaranteed to him by the
Constitution of the United States. Under 28 U.S.C. § 1343(3), P sought damages as well as
declaratory and injunctive relief. Ds moved to dismiss this complaint and the court agreed.
The Court of Appeals concluded that P had set forth a § 1983 claim 'in that he has alleged
facts that constitute a denial of due process of law.' They reversed the District Court.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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