bishop
wood
argued
march
decided
june
respondent
chief
police
recommendation
respondent
city
manager
terminated
petitioner
employment
policeman
without
hearing
telling
privately
dismissal
based
failure
follow
orders
poor
attendance
police
training
classes
causing
low
morale
conduct
unsuited
officer
city
ordinance
provides
permanent
city
employee
petitioner
classified
may
discharged
fails
perform
work
standard
classification
negligent
inefficient
unfit
perform
duties
petitioner
brought
suit
respondents
claiming
permanent
employee
constitutional
right
pretermination
hearing
ordinance
even
though
expressly
providing
read
prohibit
discharge
reason
specified
therefore
confer
tenure
permanent
employees
period
service
together
permanent
classification
gave
sufficient
expectation
continued
employment
constitute
protected
property
interest
due
process
clause
fourteenth
amendment
false
explanation
discharge
deprived
interest
liberty
protected
clause
pretrial
discovery
petitioner
advised
reasons
dismissal
district
granted
respondents
motion
summary
judgment
holding
basis
understanding
state
law
petitioner
held
position
pleasure
city
appeals
affirmed
held
district
tenable
view
state
law
upheld
appeals
accepted
absence
authoritative
interpretation
ordinance
involved
petitioner
discharge
deprive
property
interest
protected
due
process
clause
fourteenth
amendment
pp
assuming
explanation
petitioner
discharge
false
must
since
summary
judgment
entered
false
explanation
deprive
interest
liberty
protected
clause
pp
since
city
manager
private
oral
communication
petitioner
reasons
discharge
never
made
public
properly
form
basis
claim
petitioner
interest
good
name
reputation
honor
integrity
thereby
impaired
communication
reasons
pretrial
discovery
provide
retroactive
support
claim
since
made
course
judicial
proceeding
commence
petitioner
suffered
alleged
injury
pp
truth
falsity
city
manager
explanation
determines
whether
decision
discharge
petitioner
correct
prudent
neither
enhances
diminishes
petitioner
claim
constitutionally
protected
interest
liberty
impaired
stevens
delivered
opinion
burger
stewart
powell
rehnquist
joined
brennan
filed
dissenting
opinion
marshall
joined
post
white
filed
dissenting
opinion
brennan
marshall
blackmun
joined
post
blackmun
filed
dissenting
opinion
brennan
joined
post
norman
smith
argued
cause
filed
briefs
petitioner
charles
burgin
argued
cause
filed
brief
respondents
stephen
pollak
richard
sharp
filed
brief
coalition
american
public
employees
amicus
curiae
urging
reversal
justice
stevens
delivered
opinion
acting
recommendation
chief
police
city
manager
marion
terminated
petitioner
employment
policeman
without
affording
hearing
determine
sufficiency
cause
discharge
petitioner
brought
suit
contending
since
city
ordinance
classified
permanent
employee
constitutional
right
pretermination
hearing
pretrial
discovery
petitioner
advised
dismissal
based
failure
follow
certain
orders
poor
attendance
police
training
classes
causing
low
morale
conduct
unsuited
officer
petitioner
several
police
officers
filed
affidavits
essentially
denying
truth
charges
district
granted
defendants
motion
summary
judgment
appeals
affirmed
granted
certiorari
questions
us
decide
whether
petitioner
employment
status
property
interest
protected
due
process
clause
fourteenth
amendment
assuming
explanation
discharge
false
whether
false
explanation
deprived
interest
liberty
protected
clause
petitioner
employed
city
marion
probationary
policeman
june
six
months
became
permanent
employee
dismissed
march
claims
either
express
implied
right
continued
employment
city
ordinance
provides
permanent
employee
may
discharged
fails
perform
work
standard
classification
negligent
inefficient
unfit
perform
duties
petitioner
first
contends
even
though
ordinance
expressly
provide
read
prohibit
discharge
reason
therefore
confer
tenure
permanent
employees
addition
contends
period
service
together
permanent
classification
gave
sufficient
expectancy
continued
employment
constitute
protected
property
interest
property
interest
employment
course
created
ordinance
implied
contract
either
case
however
sufficiency
claim
entitlement
must
decided
reference
state
law
north
carolina
held
enforceable
expectation
continued
public
employment
state
exist
employer
statute
contract
actually
granted
form
guarantee
still
lance
whether
guarantee
given
determined
examination
particular
statute
ordinance
question
face
ordinance
petitioner
relies
may
fairly
read
conferring
guarantee
however
reading
possible
interpretation
ordinance
may
also
construed
granting
right
continued
employment
merely
conditioning
employee
removal
compliance
certain
specified
procedures
authoritative
interpretation
ordinance
north
carolina
state
however
opinion
district
judge
course
sits
north
carolina
practiced
law
many
years
based
understanding
state
law
concluded
petitioner
held
position
pleasure
city
construction
north
carolina
law
upheld
appeals
fourth
circuit
albeit
equally
divided
comparable
circumstances
accepted
interpretation
state
law
district
appeals
concurred
even
examination
issue
without
guidance
might
justified
different
conclusion
case
district
construed
ordinance
city
manager
determination
adequacy
grounds
discharge
subject
judicial
review
employee
merely
given
certain
procedural
rights
district
found
violated
case
district
reading
ordinance
tenable
derives
support
decision
north
carolina
still
lance
supra
accepted
appeals
fourth
circuit
reasons
sufficient
foreclose
independent
examination
issue
view
law
petitioner
discharge
deprive
property
interest
protected
fourteenth
amendment
ii
petitioner
claim
deprived
liberty
two
components
contends
reasons
given
discharge
serious
constitute
stigma
may
severely
damage
reputation
community
addition
claims
reasons
false
appraisal
petitioner
claim
must
accept
version
facts
since
district
granted
summary
judgment
evidence
established
competent
police
officer
respected
peers
made
arrests
officer
force
although
criticized
engaging
pursuits
promptly
heeded
criticism
reasonable
explanation
imperfect
attendance
police
training
sessions
must
therefore
assume
discharge
mistake
based
incorrect
information
board
regents
roth
recognized
nonretention
untenured
college
teacher
might
make
somewhat
less
attractive
employers
nevertheless
concluded
stretch
concept
far
suggest
person
deprived
liberty
simply
rehired
one
job
remains
free
seek
another
conclusion
applies
discharge
public
employee
whose
position
terminable
employer
public
disclosure
reasons
discharge
case
asserted
reasons
city
manager
decision
communicated
orally
petitioner
private
also
stated
writing
answer
interrogatories
litigation
commenced
since
former
communication
made
public
properly
form
basis
claim
petitioner
interest
good
name
reputation
honor
integrity
thereby
impaired
since
latter
communication
made
course
judicial
proceeding
commence
petitioner
suffered
injury
seeks
redress
surely
provide
retroactive
support
claim
contrary
evaluation
either
explanation
penalize
forthright
truthful
communication
employer
employee
former
instance
litigants
latter
petitioner
argues
however
reasons
given
discharge
false
even
reasons
stated
private
different
impact
reputation
true
answers
interrogatories
whether
true
false
cause
discharge
truth
falsity
city
manager
statement
determines
whether
decision
discharge
petitioner
correct
prudent
neither
enhances
diminishes
petitioner
claim
constitutionally
protected
interest
liberty
impaired
contrary
evaluation
contention
enable
every
discharged
employee
assert
constitutional
claim
merely
alleging
former
supervisor
made
mistake
federal
appropriate
forum
review
multitude
personnel
decisions
made
daily
public
agencies
must
accept
harsh
fact
numerous
individual
mistakes
inevitable
administration
affairs
constitution
feasibly
construed
require
federal
judicial
review
every
error
absence
claim
public
employer
motivated
desire
curtail
penalize
exercise
employee
constitutionally
protected
rights
must
presume
official
action
regular
erroneous
best
corrected
ways
due
process
clause
fourteenth
amendment
guarantee
incorrect
personnel
decisions
judgment
affirmed
ordered
footnotes
supp
wdnc
panel
appeals
affirmed
one
judge
dissenting
granting
rehearing
en
banc
affirmed
without
opinion
equally
divided
shall
state
deprive
person
life
liberty
property
without
due
process
law
amdt
article
ii
personnel
ordinance
city
marion
reads
follows
dismissal
permanent
employee
whose
work
satisfactory
period
time
shall
notified
way
work
deficient
must
work
satisfactory
permanent
employee
fails
perform
work
standard
classification
held
continues
negligent
inefficient
unfit
perform
duties
may
dismissed
city
manager
discharged
employee
shall
given
written
notice
discharge
setting
forth
effective
date
reasons
discharge
shall
request
notice
perry
sindermann
said
person
interest
benefit
property
interest
due
process
purposes
rules
mutually
explicit
understandings
support
claim
entitlement
benefit
may
invoke
hearing
property
interests
course
created
constitution
rather
created
dimensions
defined
existing
rules
understandings
stem
independent
source
state
law
rules
understandings
secure
certain
benefits
support
claims
entitlement
benefits
board
regents
roth
construction
six
members
placed
federal
regulations
involved
arnett
kennedy
case
concluded
employee
discharged
cause
property
interest
entitled
constitutional
protection
case
holding
matter
state
law
employee
held
position
pleasure
city
necessarily
establishes
property
interest
evaluation
federal
regulations
involved
arnett
sheds
light
problem
presented
case
law
north
carolina
nothing
else
appearing
contract
employment
contains
provision
duration
termination
employment
terminable
either
party
irrespective
quality
performance
party
statute
county
board
education
north
carolina
may
terminate
employment
teacher
end
school
year
without
filing
charges
giving
reasons
termination
granting
teacher
opportunity
heard
still
lance
clear
article
ii
section
city
personnel
ordinance
dismissal
employee
require
notice
hearing
upon
request
discharged
employee
shall
given
written
notice
discharge
setting
forth
effective
date
reasons
discharge
thus
appears
city
ordinance
state
law
complied
appears
plaintiff
held
position
pleasure
city
see
durham
lumber
propper
clark
stated
precise
issue
state
law
involved
whether
temporary
receiver
new
york
civil
practice
act
vested
title
virtue
appointment
one
decided
new
york
courts
district
appeals
faced
question
answered
negative
dealing
issues
state
law
enter
judgments
federal
courts
hesitant
overrule
decisions
federal
courts
skilled
law
particular
unless
conclusions
shown
unreasonable
township
hillsborough
cromwell
stated
petitioner
makes
extended
argument
effect
duke
power
state
board
controlling
precedent
local
law
question
decision
turned
questions
pay
great
deference
views
judges
courts
familiar
intricacies
trends
local
law
practice
huddleston
dwyer
unable
say
district
circuit
appeals
erred
applying
case
rule
duke
power
state
board
involved
closely
analogous
facts
macgregor
state
mut
life
assur
stated
decision
michigan
state
construing
relevant
michigan
law
brought
attention
absence
guidance
shall
leave
undisturbed
interpretation
placed
upon
purely
local
law
michigan
federal
judge
long
experience
three
circuit
judges
whose
circuit
includes
michigan
granting
summary
judgment
respondents
district
required
resolve
genuine
disputes
material
facts
favor
petitioner
fed
rule
civ
proc
arnett
kennedy
supra
see
wisconsin
constantineau
discussion
interest
reputation
allied
employment
paul
davis
indeed
impact
petitioner
constitutionally
protected
interest
liberty
greater
even
assume
city
manager
deliberately
lied
fact
might
conceivably
provide
basis
claim
validity
entirely
unaffected
analysis
federal
constitutional
question
cumulative
impression
created
three
dissenting
opinions
holding
represents
significant
retreat
settled
practice
federal
courts
fact
matter
however
instances
federal
judiciary
required
state
agency
reinstate
discharged
employee
failure
provide
pretermination
hearing
extremely
rare
reason
clear
unless
adopt
justice
brennan
remarkably
innovative
suggestion
develop
federal
common
law
property
rights
equally
view
almost
every
discharge
implicates
constitutionally
protected
liberty
interest
ultimate
control
state
personnel
relationships
remain
may
grant
withhold
tenure
unfettered
discretion
case
whether
accept
reject
construction
ordinance
adopted
two
lower
courts
power
change
clarify
ordinance
remain
hands
city
council
city
marion
justice
brennan
justice
marshall
concurs
dissenting
petitioner
discharged
policeman
grounds
insubordination
causing
low
morale
conduct
unsuited
officer
ante
difficult
imagine
greater
badge
infamy
imposed
one
following
petitioner
calling
profession
prospective
employees
invariably
investigated
petitioner
job
prospects
severely
constricted
governmental
action
case
although
case
law
appear
require
petitioner
thus
accorded
opportunity
clear
name
calumny
see
board
regents
roth
arnett
kennedy
opinion
rehnquist
condones
governmental
action
holds
petitioner
deprived
liberty
interest
thereby
paul
davis
decision
overtly
hostile
basic
constitutional
safeguards
due
process
clauses
fifth
fourteenth
amendments
hoped
aberration
brennan
dissenting
held
interest
reputation
asserted
paul
neither
liberty
property
guaranteed
state
deprivation
without
due
process
law
accordingly
found
inapplicable
rule
person
good
name
reputation
honor
integrity
stake
government
notice
opportunity
heard
essential
wisconsin
constantineau
cases
cited
therein
holding
eviscerated
substance
long
line
prior
cases
see
comm
mcgrath
cafeteria
workers
mcelroy
board
regents
roth
supra
confining
protection
liberty
situations
state
inflicts
damage
government
employee
good
name
reputation
honor
integrity
process
terminating
employment
see
paul
davis
supra
compare
brennan
dissenting
today
effectively
destroys
even
last
vestige
protection
liberty
holding
state
may
tell
employee
fired
nonderogatory
reason
turn
around
inform
prospective
employers
employee
fact
discharged
stigmatizing
reason
effectively
preclude
future
employment
purports
limit
holding
situations
public
disclosure
reasons
discharge
ante
case
stigmatizing
reasons
disclosed
reason
believe
respondents
convey
actual
reasons
petitioner
prospective
employers
responds
asserting
since
stigma
imposed
petitioner
suffered
injury
seeks
redress
surely
provide
retroactive
support
claim
ibid
claim
arise
state
officially
branded
petitioner
way
purpose
due
process
hearing
accord
opportunity
clear
name
merely
derogatory
information
filed
respondents
records
publication
occurs
shortly
discharge
employment
subvert
fact
postdeprivation
hearing
accord
petitioner
opportunity
clear
name
contemplated
cases
even
paul
davis
respondents
required
accord
petitioner
due
process
hearing
attempt
vindicate
name
expansion
personal
interests
simply
writes
life
liberty
property
clauses
fifth
fourteenth
amendments
simply
another
curtailment
precious
constitutional
safeguards
marks
many
recent
decisions
also
fully
concur
dissenting
opinions
justice
white
justice
blackmun
forcefully
demonstrate
error
holding
petitioner
deprived
property
without
due
process
law
add
strained
reading
local
ordinance
deems
tenable
ante
dispositive
existence
vel
non
petitioner
property
interest
certainly
federal
dimension
definition
property
federal
constitution
cases
board
regents
roth
supra
held
merely
property
interests
encompass
person
legitimate
claim
entitlement
arise
existing
rules
understandings
derive
independent
source
state
law
ibid
emphasis
supplied
certainly
least
state
law
definitively
construed
securing
property
interest
relevant
inquiry
whether
objectively
reasonable
employee
believe
rely
continued
employment
cf
ibid
purpose
ancient
institution
property
protect
claims
upon
people
rely
daily
lives
reliance
must
arbitrarily
undermined
minimum
require
case
analysis
common
practices
utilized
expectations
generated
respondents
manner
local
ordinance
reasonably
read
respondents
employees
disputed
issues
fact
meet
resolution
summary
judgment
thus
minimum
require
remand
factual
development
district
observations
course
suggest
federal
appropriate
forum
review
multitude
personnel
decisions
made
daily
public
agencies
ante
however
federal
courts
appropriate
forum
ensuring
constitutional
mandates
due
process
followed
agencies
government
making
personnel
decisions
pervasively
influence
lives
affected
thereby
fundamental
premise
due
process
clause
procedural
safeguards
help
government
avoid
harsh
fact
incorrect
personnel
decisions
ante
petitioner
seeks
believe
property
interest
continued
employment
liberty
interest
good
name
reputation
dictate
accorded
procedural
safeguards
interests
deprived
arbitrary
capricious
government
action
paul
also
ignored
clear
import
goss
lopez
wisconsin
constantineau
jenkins
mckeithen
see
paul
davis
brennan
dissenting
common
sense
sure
prospective
employers
inquire
petitioner
employment
months
respondents
service
asserts
provide
petitioner
postdeprivation
hearing
stigmatizing
reasons
become
known
litigation
penalize
forthright
truthful
communication
litigants
ante
course
various
sanctions
judicial
system
ensure
testimony
forthright
truthful
without
necessitating
denial
petitioner
due
process
rights
suppose
declare
according
discharged
employee
postdeprivation
hearing
soon
clear
former
employer
stigmatizing
name
communicates
prospective
employers
similarly
discourage
forthright
truthful
communication
employers
situation
however
purpose
due
process
hearing
provide
petitioner
mechanism
clearing
name
cloud
fact
truthful
holding
unfettered
discretion
defining
property
purposes
due
process
clause
federal
constitution
see
ante
brother
white
argues
effectively
adopting
analysis
rejected
majority
arnett
kennedy
basically
approach
resurrection
discredited
distinction
state
may
avoid
due
process
safeguards
attendant
upon
loss
even
necessities
life
cf
goldberg
kelly
merely
labeling
constituting
property
see
also
bell
burson
fuentes
shevin
morrissey
brewer
example
petitioner
hired
probationary
period
six
months
became
permanent
employee
reason
appears
record
distinction
logical
assumption
confirmed
reasonable
reading
local
ordinance
completion
former
period
employee
may
discharged
cause
respondents
personnel
practices
important
note
department
currently
employs
persons
petitioner
discharge
cause
otherwise
period
three
years
time
hiring
time
pretrial
discovery
justice
white
justice
brennan
justice
marshall
justice
blackmun
join
dissenting
dissent
decision
majority
rests
upon
proposition
squarely
addressed
view
correctly
rejected
six
members
arnett
kennedy
petitioner
bishop
permanent
employee
police
department
city
marion
city
ordinance
applicable
provides
dismissal
permanent
employee
whose
work
satisfactory
period
time
shall
notified
way
work
deficient
must
work
satisfactory
permanent
employee
fails
perform
work
standard
classification
held
continues
negligent
inefficient
unfit
perform
duties
may
dismissed
city
manager
discharged
employee
shall
given
written
notice
discharge
setting
forth
effective
date
reasons
discharge
shall
request
notice
emphasis
added
clear
article
ii
section
city
personnel
ordinance
dismissal
employee
require
notice
hearing
upon
request
discharged
employee
shall
given
written
notice
discharge
setting
forth
effective
date
reasons
discharge
thus
appears
city
ordinance
state
law
complied
supp
wdnc
case
district
construed
ordinance
city
manager
determination
adequacy
grounds
discharge
subject
judicial
review
employee
merely
given
certain
procedural
rights
district
found
violated
case
district
reading
ordinance
tenable
ante
emphasis
added
precisely
reasoning
embraced
three
expressly
rejected
six
members
arnett
kennedy
supra
federal
employee
statutory
expectancy
removed
cause
promote
efficiency
service
opinion
rehnquist
joined
burger
stewart
three
justices
whose
views
rejected
majority
went
say
section
statute
granted
right
expressly
provided
also
procedure
cause
determined
expressly
omitted
procedural
guarantees
appellee
insists
mandated
constitution
bifurcating
sentence
act
congress
conferred
upon
appellee
right
removed
save
cause
said
expectancy
substantive
right
without
procedural
limitations
congress
attached
property
interest
appellee
employment
conditioned
procedural
limitations
accompanied
grant
interest
view
rejected
justice
powell
opinion
joined
justice
blackmun
plurality
opinion
evidently
reasons
nature
appellee
interest
continued
federal
employment
necessarily
defined
limited
statutory
procedures
discharge
constitutional
guarantee
procedural
due
process
accords
appellee
procedural
protections
arbitrary
erroneous
discharge
expressly
provided
statute
plurality
thus
conclude
statute
governing
federal
employment
determines
nature
appellee
property
interest
also
extent
procedural
protections
may
lay
claim
seems
approach
incompatible
principles
laid
roth
sindermann
indeed
lead
directly
conclusion
whatever
nature
individual
statutorily
created
property
interest
deprivation
interest
accomplished
without
notice
hearing
time
view
misconceives
origin
right
procedural
due
process
right
conferred
legislative
grace
constitutional
guarantee
legislature
may
elect
confer
property
interest
federal
employment
may
constitutionally
authorize
deprivation
interest
conferred
without
appropriate
procedural
safeguards
emphasis
added
differ
basically
plurality
view
grant
substantive
right
inextricably
intertwined
limitations
procedures
employed
determining
right
litigant
position
appellee
must
take
bitter
sweet
property
interest
appellee
employment
conditioned
procedural
limitations
accompanied
grant
interest
ante
rationale
position
quickly
leads
conclusion
even
though
statute
requires
cause
discharge
requisites
due
process
equally
satisfied
law
dispensed
hearing
whether
pretermination
accordingly
majority
rejects
justice
rehnquist
argument
appellee
entitlement
arose
statute
conditioned
statutory
limitation
procedural
due
process
protections
approach
render
protection
inapplicable
deprivation
statutory
benefit
privilege
extended
government
statute
prescribed
termination
procedure
matter
arbitrary
unfair
amount
nothing
less
return
albeit
somewhat
different
verbal
garb
thoroughly
discredited
distinction
rights
privileges
seemed
govern
applicability
procedural
due
process
accepts
district
conclusion
city
employee
holds
position
pleasure
city
believes
district
conclusion
rest
procedural
limitations
ordinance
must
construe
district
opinion
ordinance
permitting
limiting
discharges
based
causes
specified
ordinance
view
discharges
reasons
reason
made
termination
employment
effect
within
complete
discretion
city
reason
employee
property
interest
employment
call
protections
due
process
clause
indicated
text
think
construction
ordinance
district
opinion
error
board
regents
roth
perry
sindermann
majority
intimates
ante
views
three
plurality
justices
arnett
kennedy
rejected
six
justices
disagreed
question
federal
statute
involved
case
construed
incorrect
justices
agreed
meaning
statute
remarks
six
justices
quoted
indicate
constitutional
significance
statute
six
disagreed
plurality
similarly
disagree
majority
courts
meaning
state
law
might
inclined
defer
judgments
two
lower
courts
state
law
says
petitioner
may
dismissed
city
manager
certain
kinds
cause
provides
receive
notice
explanation
hearing
review
agree
matter
state
law
petitioner
remedy
matter
arbitrarily
erroneously
city
manager
acted
lower
courts
say
statute
means
differ
courts
majority
respect
constitutional
significance
unambiguous
state
law
majority
justices
arnett
kennedy
stood
proposition
constitution
requires
procedures
required
state
law
state
conditions
dismissal
cause
justice
blackmun
justice
brennan
joins
dissenting
join
justice
white
dissent
agree
appears
adopting
legal
principle
specifically
rejected
majority
justices
arnett
kennedy
also
feel
however
still
lance
north
carolina
case
cited
district
means
authoritative
holding
state
law
ante
seems
think
still
north
carolina
considered
statute
contained
cause
standard
failure
renew
teacher
contract
end
school
year
holding
provision
create
continued
expectation
employment
north
carolina
noted
limit
right
employer
board
terminate
employment
teacher
end
school
year
specified
cause
circumstance
provision
observed
stood
sharp
contrast
another
provision
statute
relating
termination
employment
school
year
prescribing
shall
determined
services
employee
acceptable
remainder
current
school
year
emphasis
added
notice
hearing
required
marion
ordinance
present
case
contains
cause
standard
dismissal
seems
like
portion
statute
construed
still
pertaining
termination
employment
year
plainly
subject
employee
termination
pleasure
municipality
instead
creates
proper
expectation
continued
employment
long
performs
work
satisfactorily
point
federal
constitution
steps
requires
appropriate
procedures
followed
employee
may
deprived
property
interest