Loraine Pollock v. Baxter Manor Nursing Home

706 F.2d 236

Opinions

PER CURIAM.

Loraine Pollock instituted this action against Baxter Manor Nursing Home alleging that the nursing home deprived her of procedural due process of law by discharging her from employment under stigmatizing conditions without according her prior notice or a hearing. The nursing home denied that any constitutionally protected “liberty” interest was implicated in Pollock’s termination and also alleged, in the alternative, that if a “liberty” interest was involved, Pollock was afforded the protections guaranteed by the fourteenth amendment.

The district court, the Honorable H. Franklin Waters, found that Pollock was not entitled to judgment and accordingly dismissed her complaint.

We have carefully studied the record, including the district court’s opinion, the briefs and the arguments of the parties to this action. We find no merit to appellant’s arguments and accordingly affirm solely on the basis of Judge Waters’ third conclusion of law, which stated:

3. Before a “liberty” interest is implicated, in employee-discharge cases however, there must be publication of the reasons for termination, the publication must occur at the hands of the governmental employer, the charges must be defamatory, and the charges must be false. Buhr v. Buffalo Public School Dist., 509 F.2d 1196 (8th Cir.1974); Cato v. Collins, 539 F.2d 656 (8th Cir.1976); Codd v. Velger, 429 U.S. 624, 97 S.Ct. 882, 51 L.Ed.2d 92 (1977); Seal v. Pryor, 670 F.2d 96 (8th Cir.1982).

Pollock v. Baxter Manor Nursing Home, 536 F.Supp. 673, 680 (W.D.Ark.1982). We agree that under the facts of this case, Pollock could not prevail because a liberty interest does not arise unless an employer disseminates a false and defamatory statement. The district court specifically found that the nursing home’s statements to Pollock’s prospective employer were true and we do not believe that such a finding was error. Thus, Pollock suffered no infringement of any liberty interest by the nursing home. The judgment of the district court is affirmed.