Fritz v. Evers

Dist. Ct. did not err in dismissing plaintiff’s section 1983 action against defendant-State Superintendent of Public Instruction in his official capacity, alleging that defendant’s placement of plaintiff-teacher on list of individuals being “under investigation” on accusation that plaintiff had failed to make required report of suspicious activity, violated his due process rights. While plaintiff argued that placement on list in defendant’s website resulted in schools not hiring him while he was under investigation, plaintiff could not prevail, even though he was eventually cleared of said accusation, since plaintiff’s lawsuit was in essence lawsuit against State that would not be actionable under section 1983. Moreover, instant defamation claim against public official is not covered under Due Process Clause, and plaintiff otherwise did not assert any loss of liberty or property, where he did not allege that listing cost him his existing job. Ct. also rejected plaintiff’s contention that Due Process Clause required hearing before public notice that charge against him was under investigation.