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Administrative Law Keyed to Funk
Codd v. Velger
Citation:
429 U.S. 624 (1977)Facts
Respondent Velger was a probationary police officer with the New York City Police Department who was dismissed without a hearing or statement of reasons. After his dismissal, he obtained employment with the Penn-Central Railroad Police Department. When Penn-Central reviewed Velger’s personnel file from the NYPD (with his signed authorization), they discovered information about an apparent suicide attempt while Velger was a police trainee. Penn-Central subsequently dismissed Velger. He filed suit under 42 U.S.C. § 1983, claiming his dismissal from the police department without a hearing violated his due process rights because stigmatizing information in his file foreclosed future employment opportunities. Throughout the litigation, Velger never affirmatively alleged that the report of his apparent suicide attempt was substantially false, only suggesting through counsel that “it might have been all a mistake” or “a little horseplay.”
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