What is Stigma-Plus?

What is Stigma-Plus?

Family Law, Featured, Florida News, National News, Parental Alienation Syndrome, Sex Offender Facts-Recidivism Stigma-Plus
What is Stigma-Plus?

AVNETNEWS –  Stigma plus legal definition by the Federal Appellate and U.S Supreme court includes the following excerpts:

SEE ADDITIONAL STIGMA-PLUS SEARCH RESULTS CLICK HERE

Stigma-plus housing fourteenth amendment violations
What is Stigma-Plus?

“ While we have in a number of our prior cases pointed out the frequently drastic effect of the “stigma” which may result from defamation by the government in a variety of contexts, this line of cases does not establish the proposition that reputation alone, apart from some more tangible interests such as employment, is either “liberty” or “property” by itself sufficient to invoke the procedural protection of the Due Process Clause…and

`[T]he right to be heard before being condemned to suffer grievous loss of any kind, even though it may not involve the stigma and hardships of a criminal conviction, is a principle basic to our society.’ ” Ibid., quoting Joint Anti-Fascist Refugee Comm. v. McGrath, 341 U. S. 123, 168 (1951) (Frankfurter, J., concurring) (emphasis supplied). There again, the fact that government stigmatization of an individual implicates constitutionally protected interests was made plain.[15]

While we have in a number of our prior cases pointed out the frequently drastic effect of the “stigma” which may result from defamation by the government in a variety of contexts, this line of cases does not establish the proposition that reputation alone, apart from some more tangible interests such as employment, is either “liberty” or “property” by itself sufficient to invoke the procedural protection of the Due Process Clause, “

Paul v. Davis, 424 US 693 – Supreme Court 1976

 

See also the following excerpt from Rehberg v. Paulk, 611 F. 3d 828 – Court of Appeals, 11th Circuit 2010,

What is Stigma-Plus?
What is Stigma-Plus?

“ The “stigma-plus” test requires the plaintiff to show deprivation of a previously recognized Fourteenth Amendment property or liberty interest “in connection with” the claimed defamation.

Damage to reputation alone is insufficient to state a Fourteenth Amendment due process claim. Cypress, 144 F.3d at 1437-38 (“Indeed, [in Siegert v. Gilley, 500 U.S. 226, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991)

“While we have in a number of our prior cases pointed out the frequently drastic effect of the `stigma’ which may result from defamation by the government in a variety of contexts, this line of cases does not establish the proposition that reputation alone, apart from some more tangible interests such as employment, is either `liberty’ or `property’ by itself sufficient to invoke the procedural protection of the Due Process Clause.” Paul, 424 U.S. at 701, 96 S.Ct. at 1160-61; see also Siegert v. Gilley, 500 U.S. 226, 234, 111 S.Ct. 1789, 1794, 114 L.Ed.2d 277 (1991) (“Most defamation plaintiffs attempt to show some sort of special damage and out-of-pocket loss which flows from the injury to their reputation. But so long as such damage flows from injury caused by the defendant to a plaintiff’s reputation, it may be recoverable under state tort law but it is not recoverable in a Bivens action.”).

A tort claim, such as Rehberg’s defamation allegation in Count 8, does not give rise to a § 1983 due process claim unless there is an additional constitutional injury alleged. Cypress Ins. Co. v. Clark, 144 F.3d 1435, 1438 (11th Cir.1998). “The Supreme Court … held that injury to reputation, by itself, does not constitute the deprivation of a liberty or property interest protected under the Fourteenth Amendment.” Behrens v. Regier, 422 F.3d 1255, 1259 (11th Cir.2005) (citing Paul v. Davis, 424 U.S. 693, 701-02, 96 S.Ct. 1155, 1160-61, 47 L.Ed.2d 405 (1976)).[26] Damages to a plaintiff’s reputation “are only recoverable in a section 1983 action if those damages were incurred as a 852*852 result of government action significantly altering the plaintiff’s constitutionally recognized legal rights.” Cypress, 144 F.3d at 1438.

This doctrine is known as the “stigma-plus” test, Cannon v. City of W. Palm Beach, 250 F.3d 1299, 1302 (11th Cir.2001), and requires the plaintiff to show both a valid defamation claim (the stigma) and “the violation of some more tangible interest” (the plus). Behrens, 422 F.3d at 1260 (quotation marks omitted). “To establish a liberty interest sufficient to implicate the fourteenth amendment safeguards, the individual must be not only stigmatized but also stigmatized in connection with … [a] government official’s conduct [that] deprived the plaintiff of a previously recognized property or liberty interest in addition to damaging the plaintiff’s reputation.” Id. (citations and quotation marks omitted).[27] The “stigma-plus” test requires not only allegations stating a common-law defamation claim, but also an additional constitutional injury, tied to a previously recognized constitutional property or liberty interest, flowing from the defamation. Cypress, 144 F.3d at 1436-37.

A tort claim, such as Rehberg’s defamation allegation in Count 8, does not give rise to a § 1983 due process claim unless there is an additional constitutional injury alleged. Cypress Ins. Co. v. Clark, 144 F.3d 1435, 1438 (11th Cir.1998). “The Supreme Court … held that injury to reputation, by itself, does not constitute the deprivation of a liberty or property interest protected under the Fourteenth Amendment.” Behrens v. Regier, 422 F.3d 1255, 1259 (11th Cir.2005) (citing Paul v. Davis, 424 U.S. 693, 701-02, 96 S.Ct. 1155, 1160-61, 47 L.Ed.2d 405 (1976)).[26] Damages to a plaintiff’s reputation “are only recoverable in a section 1983 action if those damages were incurred as a 852*852 result of government action significantly altering the plaintiff’s constitutionally recognized legal rights.” Cypress, 144 F.3d at 1438.

This doctrine is known as the “stigma-plus” test, Cannon v. City of W. Palm Beach, 250 F.3d 1299, 1302 (11th Cir.2001), and requires the plaintiff to show both a valid defamation claim (the stigma) and “the violation of some more tangible interest” (the plus). Behrens, 422 F.3d at 1260 (quotation marks omitted). “To establish a liberty interest sufficient to implicate the fourteenth amendment safeguards, the individual must be not only stigmatized but also stigmatized in connection with … [a] government official’s conduct [that] deprived the plaintiff of a previously recognized property or liberty interest in addition to damaging the plaintiff’s reputation.” Id. (citations and quotation marks omitted).[27] The “stigma-plus” test requires not only allegations stating a common-law defamation claim, but also an additional constitutional injury, tied to a previously recognized constitutional property or liberty interest, flowing from the defamation. Cypress, 144 F.3d at 1436-37.

What is Stigma-Plus?In Summary

The Federal courts above have performed most of the “heavy lifting” explaining Stigma-plus which to summarize includes “more than reputation alone, but to includes damages to a more tangible [constitutional] issue such as liberty, property or family are such protected classes.  Clearly, the Stigma-plus applies to sex offenders who bear up under the heavy load of sex offender registration.  Isn’t it time to change these law? Did our forefathers pledge their fortunes and sacred honor so that a portion of We the People are forced to live under the Tuttle Causeway?

What is Stigma-Plus?