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MUELLER v. PENOBSCOT VALLEY HOSP.3/8/1988
vis, 424 U.S. 693, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1975), the United States Supreme Court indicated that two elements must be shown in cases such as the one at bar to establish a liberty or property interest sufficient to invoke the procedural protection of the due process clause: (1) damage to reputation, and (2) damage to some more tangible interest such as employment. Id. at 702. The plaintiff has met these requirements through his allegations of injury to his reputation and the creation of a stigma that foreclosed his freedom to take advantage of other employment opportunities. See Corbitt v. Andersen, 778 F.2d 1471, 1474-75 (10th Cir. 1985) (applying Paul v. Davis in an action factually similar to the instant case); see also Board of Regents v. Roth, 408 U.S. 564, 573, 92 S.Ct. 2701, 2707, 33 L.Ed.2d 548 (1972). Because the plaintiff's § 1983 action meets the requirements of Paul v. Davis and contains a factual dispute as to the defendants' alleged deprivation of plaintiff's employment opportunities, we find no alternative grounds on which to uphold the Superior Court's order for summary judgment on plaintiff's claim under § 1983 in Count IV of his amended complaint.
The entry is:
Judgment affirmed on Counts I and II and on Count III as to defendant Kirley. Judgment vacated on Count III as to Penobscot Valley Hospital and on Count IV as to the hospital and Kirley. Case remanded for proceedings consistent with the opinion herein.
All concurring.
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