Comments on Section 1983 Blog: Name-Clearing Hearings and Watch Lists

Mike: Client, a law student, has elected to take ...

2009-11-15T06:52:10.862-08:00

Mike:

Client, a law student, has elected to take his case to the firm employing him. Unhappy with our effort and analysis.

Norm

Deal

2009-11-09T08:40:45.712-08:00

Deal

Yes, that's the issue. How about this: If you...

2009-11-09T08:39:53.742-08:00

Yes, that's the issue. How about this: If you win on the false arrest claim, then there was no legal basis for the arrest. Thus, the unlawful arrest would have been the plus of the pretext plus. Use the false arrest as res judicata to attack the list.

If they claim you should have brought the due process claim earlier, argue that - as in malicious prosecution claims - you

Mike: This is worth pursuing. I am frustrated by ...

2009-11-09T04:32:59.092-08:00

Mike:

This is worth pursuing. I am frustrated by not being able to reach the list itself. The problem I have with the theory is that the list itself is simply the list itself. No one is arrested merely because they are on the list. Rather, the list operates as a lens through which otherwise innocent acts become inculpatory. Thus, the list requires some other act to cause harm and is

Norm: Thanks for the comment. I wasn't second...

2009-11-08T15:45:25.804-08:00

Norm: Thanks for the comment. I wasn't second-guessing your theory of the case. I didn't find anything about name-clearing hearings and watch lists, after a quick search. So I could be off the reservation.

I might do some more research. It seems there is something there. It's a knotty issue, though.

I doubt that, after Hartman v. Moore, 547 U.S. 250 (2006),

Mike: I will concede that the reputation plus the...

2009-11-08T06:18:02.615-08:00

Mike:

I will concede that the reputation plus theory is not one I considered in this case. Ken was on the list, and was then observed at the rally: the arresting officer thought his conduct suspicious as he arrived abruptly and took a camera from his bag. The arrest was not merely for being on the list, but I suspect that had he not been on the list, he would not have been arrested. I