Stigma Plus Claim Lawyer

Representation for Civil Rights and Due Process Claims Against the Government Under the Stigma Plus Doctrine

The stigma plus doctrine is a federal legal principle that entitles former employees and other plaintiffs to file claims against the government when a government employee or government official makes false accusations against them. While stigma plus lawsuits arise out of defamation claims based on false accusations, they fundamentally involve claims under the Due Process Clause of the Fifth and Fourteenth Amendments to the U.S. Constitution.

This is because the “plus” aspect of stigma plus claims involves loss of a property interest due to the false accusations at issue. Effectively, filing a stigma plus claim involves alleging that the government violated the plaintiff’s civil rights by depriving the plaintiff of due process when the government caused a loss of property due to reputational harm.

Lawyers for Stigma Plus Claims Involving Reputational Harm and Property Loss (i.e., Loss of Private or Public Employment)

Our lawyers represent former employees and other individuals in stigma plus claims against state and federal government entities. This includes former employees who have suffered a loss of private or public employment due to false accusations by a government employee or government official.

Seeking remedies under the stigma plus doctrine is a complex process that involves a mix of defamation claims and due process claims, as well as clear understanding of what constitutes a qualifying property interest under federal law. Our lawyers are familiar with the unique and complex legal principles involved in these claims, and we can assist you with proving both stigma and property loss as a result of the harm to your reputation and the termination of your employment.

Understanding the “Stigma Plus” Doctrine

So what, exactly, is the “stigma plus” doctrine?

The stigma plus doctrine states that individuals who suffer the loss of a property interest due to reputational harm caused by false accusations from a government employee or government official can pursue a civil rights claim against the government under the Due Process Clause of the Fifth or Fourteenth Amendment. The false accusations must warrant a defamation claim, and state law claims can qualify in appropriate cases.

Plaintiffs who have suffered loss of a property interest due to reputational harm caused by false accusations from a government employee or government official can pursue claims under the stigma plus doctrine in federal court. However, the federal circuits have split on how they apply the stigma plus doctrine (i.e., the First Circuit and Second Circuit take different approaches), so it is imperative that plaintiffs work closely with experienced legal counsel who can apply the correct legal principles under the specific circumstances at hand.

Broadly, whether pursued in the First Circuit, the Second Circuit, or any other federal circuit across the country, claims based on the stigma plus doctrine involve three fundamental elements. Filing a complaint under the stigma plus doctrine in federal court requires evidence of the following:

1. A Defamation Claim Involving a Government Employee or Government Official

Seeking damages under the stigma plus doctrine begins with establishing grounds to pursue a defamation claim against the government. In appropriate circumstances, government entities can be held liable for civil rights violations based on false accusations made by government employees and government officials.

Any false accusations can potentially support a civil rights claim under the stigma plus doctrine, provided that they would also support a defamation claim under other circumstances. Thus, you do not need to be falsely accused of a crime or other legal wrongdoing to file a claim.

Rather than requiring false accusations of criminal activity or other legal wrongdoing, the stigma plus doctrine only requires evidence of false statements that cause reputational harm. While being falsely accused of a crime can certainly harm your reputation, other false and derogatory statements that harm a person’s reputation can justify defamation claims (and potentially civil rights claims under the stigma plus doctrine) as well.

Notably, while many statements, including statements of opinion, are protected under the First Amendment, defamatory statements are not protected. As a result, while defendants will often attempt to challenge defamation claims by arguing that their speech was protected under the First Amendment, your attorney can work to dispute this defense theory by showing that the statement in question was factually inaccurate.

2. Loss of a Property Interest Due to Reputational Harm

As noted above, the “plus” aspect of the stigma plus doctrine requires that plaintiffs prove more than just reputational harm in order to establish a civil rights violation under the Due Process Clause. To pursue stigma plus claims against government entities, plaintiffs must also have evidence of loss of a qualifying property interest.

Generally, the federal courts have held that loss of employment is sufficient to establish loss of a property interest under the stigma plus doctrine. In stigma plus cases, the courts generally apply the legal principle that employees have a property interest in their job. Thus, if a plaintiff can establish both stigma (i.e., reputational harm) and loss of a property interest (i.e., termination of their employment), then the plaintiff may have a valid stigma plus claim under federal law.

Courts have held that evidence of a loss of status or loss of a liberty interest can substantiate a stigma plus claim as well in appropriate cases. What constitutes a qualifying “status” or “liberty interest” is not clearly defined, although federal courts have determined that changes to a citizen’s financial status, on their own, are not sufficient to warrant a stigma plus proceeding.

3. Material State Imposed Burden

The third element of a stigma plus claim is a material state imposed burden. Essentially, this means that along with proving reputational harm and loss of a qualifying property interest, the plaintiff in a stigma plus case must also prove that a government entity is responsible. If a government employee’s or government official’s false accusations constitute state action under the circumstances at hand—and if this state action causes stigma plus property loss—then a stigma plus claim may be warranted.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Eligibility to File a Stigma Plus Claim Against the Government

With all of this in mind, who can file a stigma plus claim against the government? As discussed above, substantiating a stigma plus claim starts with gathering the evidence needed to prove defamation under state law. If a prospective plaintiff can make out a state law defamation claim, then the next step is to gather the evidence needed to establish loss of a qualifying property interest, liberty interest, or status as a result of a government employee’s or government official’s false accusations.

Loss of government employment, loss of private-sector employment, and other job loss claims involving harm to a person’s reputation are the most common examples of grounds to file a suit under the federal stigma plus doctrine. However, these are not necessarily the only relevant losses. If you believe that you have wrongfully been deprived of a liberty interest or status as a U.S. citizen for any reason, it will be worth talking to an attorney to find out if your due process rights or other civil rights have been violated.

FAQs: Filing a Stigma Plus Claim Against the Government

Speak with an Attorney at Oberheiden P.C. About Your Stigma Plus Claim

Do you need to know more about filing a stigma plus claim? If so, we invite you to get in touch. Call 888-680-1745 or contact us online to schedule a free consultation with a senior attorney at Oberheiden P.C.

Additional Corporate First Amendment Pages

• Corporate First Amendment Lawyer
• Corporate Defamation Lawyer