siegert gilley argued february decided may seeking become credentialed new job army hospital petitioner siegert clinical psychologist asked former employer federal hospital provide job performance information new employer respondent gilley siegert supervisor former job responded letter declaring recommend siegert inept unethical untrustworthy denied credentials federal service employment terminated siegert filed damages action gilley district alleging inter alia bivens six unknown fed narcotics agents gilley caused infringement liberty interests violation due process clause fifth amendment maliciously bad faith publishing defamatory per se statement knew untrue gilley filed motion dismiss summary judgment asserting among things defense qualified immunity harlow fitzgerald contending siegert factual allegations state violation constitutional right clearly established time actions see id ultimately found siegert allegations sufficient appeals reversed remanded instructions case dismissed although assuming motivation suffice make gilley actions writing letter violation siegert clearly established constitutional rights held siegert particular allegations insufficient heightened pleading standard overcome gilley qualified immunity claim held appeals properly concluded district dismissed siegert suit overcome gilley qualified immunity defense siegert failed allege violation clearly established constitutional right indeed constitutional right since paul davis injury reputation protected liberty interest therefore failed satisfy necessary threshold inquiry determination qualified immunity claim see harlow supra thus although appeals reached correct result assumed without deciding necessary preliminary issue proceeded examine sufficiency siegert allegations siegert claim failed analytically earlier stage inquiry pp app affirmed rehnquist delivered opinion white scalia souter joined kennedy filed opinion concurring judgment post marshall filed dissenting opinion blackmun joined parts ii iii stevens joined post nina kraut argued cause filed briefs petitioner michael laserwitz argued cause respondent brief acting solicitor general roberts assistant attorney general gerson deputy solicitor general shapiro barbara herwig david remes david rudovsky steven shapiro arthur spitzer filed brief american civil liberties union et al amici curiae urging reversal chief justice rehnquist delivered opinion granted certiorari case determine whether appeals district columbia circuit properly directed dismissal petitioner bivens claim grounds overcome respondent claim qualified immunity appeals relied heightened pleading standard hold petitioner claim failed analytically earlier stage inquiry qualified immunity allegations even accepted true state claim violation rights secured constitution petitioner frederick siegert clinical psychologist employed elizabeths hospital federal government facility washington november october behavior therapy coordinator specializing work mentally retarded children lesser extent adults january respondent melvin gilley became head division siegert worked august elizabeths notified siegert preparing terminate employment siegert informed proposed removal based upon inability report duty dependable reliable manner failure comply supervisory directives cumulative charges absence without approved leave app meeting hospital officials siegert agreed resign hospital thereby avoid termination might damage reputation following resignation elizabeths siegert began working clinical psychologist army hospital bremerhaven west germany requirement credentialed work hospitals operated army siegert signed credential information request form asking elizabeths hospital provide prospective supervisor colonel william smith information job performance privileges enjoyed member staff app pet cert siegert request referred gilley siegert supervisor elizabeths response siegert request gilley notified army letter recommend siegert privileges psychologist app letter gilley wrote consider ed siegert inept unethical perhaps least trustworthy individual supervised thirteen years st elizabeths ibid receiving letter army credentials committee told siegert since reports extremely unfavorable committee recommending siegert credentialed denied credentials committee siegert turned position sought army hospital stuttgart siegert returned bremerhaven given provisional credentials limited work adults siegert filed administrative appeals office surgeon general obtain full credentials december surgeon general denied siegert claims soon thereafter federal service employment terminated upon learning gilley letter november siegert filed suit district district columbia alleging gilley letter caused lose post psychologist bremerhaven army hospital rendered unable obtain appropriate employment field relying bivens six unknown fed narcotics agents siegert sought million damages gilley contending maliciously bad faith publishing defamatory per se statement knew untrue reckless disregard whether true gilley caused infringement liberty interests violation protections afforded due process clause fifth amendment app siegert also asserted pendent state law claims defamation intentional infliction emotional distress interference contractual relations gilley filed motion dismiss alternative summary judgment contended siegert factual allegations even true make violation constitutional right gilley also asserted defense qualified immunity harlow fitzgerald contending siegert allegations state violation clearly established constitutional right app pet cert siegert submitted opposing affidavits stating facts supporting allegations malice december district issued order declining decide matter summary judgment motion time instead determined like see developed record therefore ordered limited amount discovery ibid particular directed taking depositions parties colonel smith gilley filed motion reconsideration asking stay discovery pending disposition qualified immunity claim june district denied motion written opinion found siegert factual allegations sufficient state violations clearly established constitutional right analyzed decision paul davis found case closer facts two decisions appeals district columbia circuit doe department justice app bartel faa app directed parties proceed previously ordered limited discovery gilley appealed denial qualified immunity defense appeals pursuant mitchell forsyth divided panel appeals district columbia circuit reversed remanded instructions case dismissed first determined extent siegert bivens action premised allegations improper conduct irrespective subjective intent allegations state claim violation clearly established constitutional right course analysis concluded district mistakenly relied decisions doe supra bartel supra appeals turned siegert allegation gilley wrote letter bad faith malice assuming bad faith motivation suffice make gilley actions writing letter violation siegert clearly established constitutional rights app held siegert allegations improper motivation insufficient overcome gilley assertion qualified immunity explained improper purpose essential element constitutional tort action plaintiff must adequately allege specific direct evidence illicit intent opposed merely circumstantial evidence bad intent order defeat defendant motion dismiss motion summary judgment asserting qualified immunity appeals determined siegert allegations satisfy heightened pleading standard found siegert complaint merely asserts reasserts making statement gilley knew false made reckless disregard whether true siegert affidavits failed add anything tangible record ibid granted certiorari order clarify analytical structure claim qualified immunity addressed hold petitioner case failed satisfy first inquiry examination claim failed allege violation clearly established constitutional right several occasions addressed proper analytical framework determining whether plaintiff allegations sufficient overcome defendant defense qualified immunity asserted motion summary judgment qualified immunity defense must pleaded defendant official gomez toledo harlow defendant pleads defense qualified immunity summary judgment judge appropriately may determine currently applicable law whether law clearly established time action occurred threshold immunity question resolved discovery allowed case siegert based constitutional claim theory gilley actions undertaken malice deprived liberty interest secured fifth amendment constitution contended loss position bremerhaven hospital followed refusal army hospital stuttgart consider application employment general inability find comparable work gilley letter constituted deprivation appeals agreed respondent absence allegation malice petitioner stated constitutional claim went assume without deciding gilley bad faith motivation suffice make actions writing letter violation siegert constitutional rights process given credentialing review adequate meet due process requirements app think appeals assumed without deciding preliminary issue case proceeded examine sufficiency allegations malice harlow said ntil threshold immunity question resolved discovery allowed harlow supra emphasis added necessary concomitant determination whether constitutional right asserted plaintiff clearly established time defendant acted determination whether plaintiff asserted violation constitutional right decision purely legal question permits courts expeditiously weed suits fail test without requiring defendant rightly claims qualified immunity engage expensive preparation defend suit merits one purposes immunity absolute qualified spare defendant unwarranted liability unwarranted demands customarily imposed upon defending long drawn lawsuit mitchell forsyth supra said harlow thus recognized entitlement stand trial face burdens litigation conditioned resolution essentially legal question whether conduct plaintiff complains violated clearly established law entitlement immunity suit rather mere defense liability like absolute immunity effectively lost case erroneously permitted go trial paul davis plaintiff photograph included local police chiefs flyer active shoplifters petitioner arrested shoplifting shoplifting charge eventually dismissed plaintiff filed suit police chiefs alleging officials actions inflicted stigma reputation seriously impair future employment opportunities thus deprived color state law liberty interests protected fourteenth amendment rejected plaintiff claim holding injury reputation liberty interest protected fourteenth amendment pointed reference governmental employer stigmatizing employee board regents state colleges roth made context employer discharging failing rehire plaintiff claimed liberty interest fourteenth amendment defamation tort actionable laws constitutional deprivation facts alleged siegert light decision paul davis held state claim denial constitutional right suit federal tort claims act suit brought light exemption act claims based defamation see suit siegert superior elizabeths hospital alleged defamation uttered incident termination siegert employment hospital since voluntarily resigned position hospital letter written several weeks later statements contained letter undoubtedly damage reputation one position impair future employment prospects plaintiff paul davis similarly alleged serious impairment future employment opportunities well harm defamation plaintiffs attempt show sort special damage loss flows injury reputation long damage flows injury caused defendant plaintiff reputation may recoverable state tort law recoverable bivens action siegert assert claim defamation case made allegations diversity citizenship respondent appeals assumed without deciding petitioner satisfactorily alleged respondent letter written malice constitutional claim stated siegert asserts assumption correct defendant acted malice defaming describes stigma plus test paul davis met decision paul davis turn however state mind defendant lack constitutional protection interest reputation appeals majority concluded district dismissed petitioner suit overcome defense qualified immunity asserted respondent different line reasoning reach conclusion judgment appeals therefore affirmed justice kennedy concurring judgment agree necessary concomitant determination whether constitutional right asserted plaintiff clearly established time defendant acted determination whether plaintiff asserted violation constitutional right ante however agree appeals assumed without deciding issue ibid appeals adopted altogether normal procedure deciding case ground appeared offer direct appropriate resolution one argued parties plain plaintiff required malice allegations insufficient doubt constitutional right asserted seems reverse usual ordering issues tell trial appellate courts resolve constitutional question first revealed differences majority dissenting opinions question whether petitioner asserted deprivation liberty interest protected constitution principles explained paul davis one difficulty view unwise resolve point without benefit decision appeals full briefing argument affirm reasons given appeals malice requisite showing avoid bar qualified immunity heightened pleading standard necessary appropriate accommodation state mind component malice objective test prevails qualified immunity analysis general matter see harlow fitzgerald tension rationale harlow requirement malice seems heightened pleading requirement workable means resolve heightened pleading standard departure usual pleading requirements federal rules civil procedure departs also normal standard summary judgment rule avoidance disruptive discovery one purposes official immunity doctrine answer say plaintiff yet opportunity engage discovery substantive defense immunity controls upon assertion qualified immunity defense plaintiff must put forward specific nonconclusory factual allegations establish malice face dismissal reject however appeals statement plaintiff must present direct opposed circumstantial evidence app circumstantial evidence may probative testimonial evidence see holland view petitioner meet burden alleging facts malice inferred conclusory allegations appeals sets forth detailed analysis persuasive point reasons concur judgment affirm justice marshall justice blackmun joins justice stevens joins parts ii iii dissenting majority today decides question grant certiorari moreover deciding petitioner siegert failed allege violation clearly established constitutional right majority completely mischaracterizes nature siegert claim siegert alleged significantly mere damage reputation future employment prospects ante alleged defamation accompan ied loss government employment paul davis emphasis added well change legal status occasioned effective foreclosure opportunity hospital credentials see id siegert alleged deprivation cognizable liberty interest reputation view majority disposition case procedurally substantively unjustified dissent majority incorrectly claims granted certiorari case determine whether appeals properly directed dismissal petitioner bivens claim grounds overcome respondent claim qualified immunity ante fact two questions granted certiorari much specific claim damages bivens six unknown named agents malice alleged qualified immunity raised defense whether heightened pleading standard precludes limited discovery prior disposition summary judgment motion violates applicable law bivens claim damages whether federal official qualifiedly immune suit without regard whether challenged conduct discretionary nature pet cert one thought questioning oral argument well aware least debatable whether issue majority decides within grant review counsel siegert addressed question whether siegert stated compensable injury protected liberty interest admonished first question presented petition certiorari extent discovery allowed defensive sic qualified immunity really nothing merits case think tr oral arg absent unusual circumstances chary considering issues presented petitions certiorari berkemer mccarty citation omitted majority makes attempt show case presents unusual circumstances moreover significance issue majority decides extent government employee constitutional liberty interest reputation militates even heavily favor restraint author today opinion wrote difficult issues great public importance involved strong reasons adhere scrupulously customary limitations discretion illinois gates adherence customary limitations discretion necessary ensure parties denied day also ensure receive full benefit briefing argument deciding difficult important legal issues issue become central majority disposition case received scant briefing parties see brief petitioner brief respondent majority insistence reaching issue context disserves adjudicative process undermines public respect decisions ii also disagree merits majority holding majority concludes siegert alleged violation right clearly established otherwise view doubt conduct alleged deprived siegert protected liberty interest right clearly established time gilley wrote letter siegert claim therefore surmount gilley assertion qualified immunity see harlow fitzgerald paul davis holds injury reputation standing alone enough demonstrate deprivation liberty interest see id paul also establishes however injury reputation deprive person liberty interest injury combined impairment tangible government benefit enough example plaintiff shows reputational injury causes loss government employment id imposition legal disability loss right purchase obtain liquor common rest citizenry id citing wisconsin constantineau standard met injury siegert reputation caused lose benefit eligibility future government employment condition siegert employment army hospital bremerhaven credentialed treat children adults siegert alleges must accept true gilley letter caused credentialed thus effectively foreclosed eligibility future government employment according siegert gilley wrote letter charging siegert inept unethical perhaps least trustworthy individual supervised thirteen years app siegert informed army credentials committee recommending credentialed reports extremely unfavorable id result siegert contends lost government employment psychologist bremerhaven army hospital similar future employment another army hospital stuttgart legitimate opportunity considered like government employment time future see id repeatedly recognized individual suffers loss protected liberty interest government action operated bestow badge disloyalty infamy attendant foreclosure employment opportunity paul davis supra quoting cafeteria workers mcelroy emphasis supplied paul davis thus although government employee board regents state colleges roth legal entitlement retain job recognized liberty interest deprived state imposed plaintiff stigma disability foreclosed freedom take advantage employment opportunities accord paul supra quoting roth conclusion apply citing paul majority suggests reputational injury deprives person liberty combined loss present employment future employment see ante suggestion rests gross mischaracterization paul paul rejected private employee generalized claim loss future employment prospects plaintiff made showing loss government employment future opportunities government employment indeed governmental benefit entitlement risk paul plaintiff paul labeled government shoplifter merely told supervisor although fired best find similar situation future paul supra therefore paul truly case interest plaintiff asserting injury reputation although paul rejected private employee claim expressly reaffirmed roth mcelroy decisions recognizing stigmatization deprives person liberty causes loss present future government employment see paul supra indeed paul explained decision joint refugee comm mcgrath held plaintiffs stated cognizable claim attorney general designation certain organizations communist list furnished civil service commission primarily terms deprivation action work present future government employment opportunities members organizations see paul see also id deprived present government employment future opportunity certainly small injury government employment dominates field opportunity quoting joint refugee supra jackson concurring foreclosure opportunity future government employment clearly within ambit tangible interests coupled reputation create protected liberty interest see paul supra noting recognition liberty interest lovett congressional action stigmatized three government employees prohibit ed ever holding government job also clear gilley known alleged conduct deprived siegert liberty interest case law left doubt reputational injury deprives person liberty causes loss future government employment doubt dispelled decisions appeals district columbia circuit jurisdiction gilley worked see davis scherer purposes determining whether constitutional right clearly established may look law relevant circuit time conduct question numerous occasions prior gilley challenged conduct district columbia circuit reiterated principle person deprived protected liberty interest stigmatizing charges effectively foreclos freedom take advantage government employment opportunities old dominion dairy products secretary defense app see also conset community services administration app liberty deprived memorandum effectively used bar conset government contract work due charges calling question conset integrity honesty business reputation mosrie barry app liberty deprived stigma severely impaired plaintiff ability take advantage legal right right considered government contracts employment government said foreclosed one ability take advantage thus extinguished right doe department justice app government defamation resulting oss present future government employment implicates liberty interest established principle applied district columbia circuit case facts strikingly similar confront us bartel federal aviation administration app plaintiff bartel worked federal aviation administration faa air safety inspector left employ job canada applied reemployment faa faa official learned bartel seeking reemployment allegedly sent letters faa officials stating opinion bartel violated federal privacy act previous tenure faa result bartel claimed faa informed hired job determined best qualified eventually bartel secured temporary position although permanent position qualified available see app bartel brought suit claiming inter alia due process violation branded denied employment without opportunity refute charges letter district columbia circuit agreed paul davis controlling found bartel stated cognizable liberty interest reputation sufficient survive motion summary judgment see app complaint bartel denied specific job stigmatizing letter crux complaint read bartel considered faa employment basis equal others equivalent skill experience wrongfully denied right considered government employment common persons individual whose entire career revolved around aviation denial may effectively abridged freedom take advantage public employment ibid citations omitted emphasis added district columbia circuit holding bartel abundantly clear reasonable governmental official mailing stigmatizing letters circumstances severely impair effectively foreclose government employee obtaining similar government employment future deprive individual constitutionally protected liberty interest yet precisely siegert alleges gilley finally remains primary question granted certiorari whether bivens action malice alleged qualified immunity raised defense heightened pleading standard must met order allow limited discovery prior disposition summary judgment motion understanding paul believe siegert prove malice order establish constitutional violation however believe appeals erred holding district may permit limited discovery case involving unconstitutional motive unless plaintiff proffers direct evidence unconstitutional motive see app evidence intent peculiarly within control defendant heightened pleading rule employed appeals effectively precludes bivens action defendant state mind element underlying claim find warrant rule matter precedent common sense stated bare allegations malice suffice subject government officials either costs trial burdens discovery harlow fitzgerald yet also recognized instances limited discovery tailored specifically question qualified immunity may necessary anderson creighton view plaintiff pleading bivens claim requires proof defendant intent afforded discovery whenever plaintiff gone beyond bare conclusory allegations unconstitutional purpose siegert offered highly specific circumstantial evidence unconstitutional motive reason believe appeals erred overturning district order permitting limited discovery iii perverse jurisprudence recognizes loss legal right buy liquor significant deprivation fails accord equal significance foreclosure opportunities government employment loss siegert case particularly tragic professional specialty appears one difficult practice outside government institutions majority callous disregard real interests stake case profoundly disturbing dissent footnotes question whether gilley alleged conduct case discretionary function entitled raise defense qualified immunity second question presented petition certiorari see supra majority address issue consequently state briefly view gilley function responding credentials request form inherently discretionary form requested gilley send information siegert job performance hospital privileges app pet cert form prescribe specific conduct siegert identified rules restrictions mandated specific mode manner response gilley called upon exercise judgment information must sent siegert contends legitimate expectation credentialed based upon job performance elizabeths first five years elizabeths siegert attests received exemplary job performance ratings supervisors rated outstanding performance app gilley became siegert supervisor january according siegert professional personal differences soon arose two siegert extensive medical leave due head injury siegert resistance gilley attempts modify aspects behavior modification program siegert obtained position bremerhaven given advanced notice going terminated elizabeths siegert worked agreement elizabeths precise understanding resign personnel file tainted approximately three weeks siegert resigned gilley sent stigmatizing letter see id notably concept liberty due process clause includes right individual contract engage common occupations life generally enjoy privileges long recognized essential orderly pursuit happiness free men board regents roth quoting meyer nebraska anderson creighton explained right clearly established contours sufficiently clear reasonable official understand violates right anderson stressed right may clearly established even though action question previously held unlawful rather enough say light preexisting law unlawfulness apparent ibid accord mitchell forsyth intend suggest official always immune liability suit warrantless search merely warrant requirement never explicitly held apply search conducted identical circumstances credential information request form specifically informed gilley siegert applying hospital credentials order work clinical psychologist army hospital information siegert credentials work history needed order complete process see app pet cert objective matter circumstances gilley known send letter charging siegert inept unethical perhaps least trustworthy individual supervised thirteen years severely hamper foreclose siegert ability gain credentials particularly working children cf old dominion dairy products secretary defense app determination made old dominion lacked integrity determination communicated official government channels likely continue communicated every time old dominion bid contract