Paul v. Davis

Alyssa Mollineda Alvarado Paul v. Davis Facts: The local authorities alerted merchants of potential shoplifters, by handing out memo's containing mugshots with the offenders names who had been charged prior. The Defendant was on the memo, however the defendant was arraigned and pleaded not guilty during the time the memo was sent out. Later on the charges against the defendant were resolved and dismissed. Therefore, the defendant states that his reputation was injured due to his picture and name Beijing on that memo. Procedural History: The court granted certiorari, to allow Mr. Davis the chance to prove that he was defamed and stripped of his rights under the fourteenth amendment. The court saw that because the memo that was sent out was not an official record then the defendant was not stripped of his fourteenth amendment rights to liberty. Judgement: The judgment of the court of appeals holding reversed the ruling. Issue: Did the police chief deprive the defendant Mr. Davis of his liberty by marking him as a shoplifter on the memo's that were handed out to merchants? Holding: In this case, no. The Kentucky law does now state that there is any legal guarantee to protect someone's reputation when they had a prior altercation under the same convictions based on their actions. Therefore, the defendant Mr. Davis was not deprived of his liberty or property that would be protected by the Due Process Clause. Rationale: The courts decided that there was no deprivement against the defendant Mr. Davis of the fourteenth amendment in the Due Process Clause based on defamation. The memo that was sent out by the chief of police in Louisville, Kentucky to merchants warning them of offending shoplifters was not official. Therefore, it did not violate Mr. Davis' rights in the Due Process Clause. Mr. Davis had been convicted of being a shoplifter prior to this incident, so the warning to the merchants was not false information. Dissent: This let's law enforcement do as they please without repercussions. Making the
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