Codd v. Velger
United States Supreme Court
429 U.S. 624 (1977)
Velger (plaintiff), dismissed from a probationary police officer position, later sought a job with a railroad police department; an officer there reviewed Velger's personnel file, which suggested he had been dismissed after attempting suicide during training, and the original department did not cooperate when the railroad tried to verify the story. Velger sued under § 1983 for wrongful dismissal without a hearing, seeking reinstatement and damages for reputational harm; the trial court found no actionable stigma, the appellate court reversed that finding as clearly erroneous, and the Supreme Court granted certiorari.
Whether the Due Process Clause guarantees a discharged employee the right to a hearing based on stigmatizing information in his personnel file where there is no factual dispute between the employer and the employee bearing on the employee's reputation.