Cunningham v. Castloo, No. 20-40082 (5th Cir. 2020)
Annotate this CaseThe Fifth Circuit reversed the district court's denial of qualified immunity to defendant in an action brought by plaintiff, alleging 42 U.S.C. 1983 claims premised on the denial of a name-clearing hearing in violation of procedural due process. The court held that the alleged violative nature of defendant's conduct was not clearly established as unconstitutional. In this case, the law was not clearly established that plaintiff's request "to speak with" defendant constituted a request for a name-clearing hearing in the context of the court's "stigma-plus-infringement" test, such that denying the request would amount to a procedural-due-process violation.
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