5th Amendment Violation

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Civil

7^th Circuit Court of Appeals

Officials: WOOD,Chief Judge, and FLAUM and MANION, Circuit Judges.

5^th Amendment Violation

14-2254 Jimmy Hinkle v. Rick White

Where the Due Process Clause of the Constitution does not protect an individual against defamation.

“Reading the facts in the light most favorable to Hinkle, the defendants defamed him—horribly so. But the Due Process Clause of the Constitution does not provide a remedy for defamation, even of the worst kind. Rather, to establish his due process claim, Hinkle needed to show a liberty interest with which the defendants interfered. While there is a liberty interest in following one’s trade or profession, the government does not deprive a plaintiff of such an interest by defamation alone. The defamation must combine with an alteration or removal of a legal status. Hinkle did not show any alteration of his legal status and thus cannot succeed on his due process claim. Accordingly, the district court properly granted the defendants summary judgment. We AFFIRM.”

Affirmed

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.