Stigma-plus doctrine: This implies that in order to sue a government official for saying something negative about you, you must not only experience embarrassment but also suffer significant consequences such as losing your job.
The stigma-plus doctrine is a legal principle that states that for a government official’s defamation to be considered a violation of civil rights, the victim must not only experience embarrassment but also suffer a loss of a property interest, like their job. For instance, if a government official spreads false rumors about a teacher, but the teacher remains employed and unaffected, they may not have grounds for a civil rights case under the stigma-plus doctrine. However, if the teacher is fired or demoted due to the rumors, they may have a valid claim for a civil rights violation. Similarly, if a police officer falsely accuses someone of a crime, but no arrest or charges are made, the person may not have a case under the stigma-plus doctrine. Nevertheless, if the false accusation results in the person losing their job or being evicted from their home, they may have a legitimate claim for a civil rights violation. These examples demonstrate how the stigma-plus doctrine necessitates both defamation or false accusations and a loss of property interest, such as employment or housing, for a civil rights violation to occur.
The Stigma-Plus Doctrine is a legal principle that allows individuals to sue for damages when they have been stigmatized and suffered additional harm as a result of the stigma.
Stigmatizing behavior can include false accusations, rumors, or other negative statements that harm an individual’s reputation or standing in the community.
The “plus” refers to the additional harm suffered by the individual as a result of the stigma, such as loss of employment or other opportunities.
Cases involving defamation, discrimination, and other forms of harm to an individual’s reputation or standing in the community can be brought under the Stigma-Plus Doctrine.
The plaintiff must prove that they were stigmatized and suffered additional harm as a result of the stigma, and that the defendant’s actions were the cause of the stigma.
Damages can include compensation for lost wages, emotional distress, and other harm suffered as a result of the stigma.
Yes, a Stigma-Plus case can be brought against a government agency if the agency’s actions caused the stigma and resulting harm.
The statute of limitations for Stigma-Plus cases varies by state, but is typically between one and three years.
Yes, a Stigma-Plus case can be brought in federal court if the case involves a federal law or constitutional violation.
Yes, a Stigma-Plus case can be settled out of court through negotiation or mediation, but the terms of the settlement must be agreed upon by both parties.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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