(Download) "Bennafield v. City of Canton Police Department" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Bennafield v. City of Canton Police Department
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 01, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Per Curiam. Plaintiff-appellant/cross-appellee, Mr. Donald Bennafield, appeals from the District Courts grant of summary judgment in favor of defendants, the City of Canton, Ohio and the Canton Police Department, et. al. in his section 1983 claim arising out of defendants release of a victim incident report accusing plaintiff of rape to the Cable New Network (CNN) which CNN subsequently aired on national cable television. Plaintiff argues that the impact of this release and broadcast upon his right to employment and penumbral First Amendment right of association were property and liberty interests sufficient to satisfy the "stigma-plus" test of Paul v. Davis, 424 U.S. 693 (1976), and thus rose to the level of a constitutional violation cognizable under section 1983. Defendants, in their cross-appeal, argue inter alia that the District Court erred in its finding that the victim incident report was a non-public document under Ohio law. Defendants argue that under an Ohio statute they were required to disclose the incident report and thus their actions in making this public document available could not have violated plaintiffs constitutional rights. For the reason stated below we affirm the judgment of the District Court because the plaintiff has not stated a cognizable claim under 42 U.S.C. § 1983.
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