MATTER OF CASALE v. METROPOLITAN TRANSPORTATION AUTHORITY


47 A.D.3d 519 (2008)

850 N.Y.S.2d 79

In the Matter of NICHOLAS CASALE, Respondent, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents, and MATTHEW D. SANSVERIE, Sued Herein as MARTIN SANSVERIE, Inspector General, Metropolitan Transportation Authority, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 24, 2008.


"[D]efamation alone, even by a government entity, does not constitute a deprivation of a liberty interest protected by the Due Process Clause. Some `stigma plus' must be shown before mere defamation will rise to the level of a constitutional deprivation.... `[I]n the context of defamation involving a government employee, defamation ... is not a deprivation of a liberty interest unless it occurs in the course of dismissal or refusal to rehire the individual as a government...

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