Legal Opinion · Dissent

Greg Kroupa v. Peter Nielsen

Court of Appeals for the Eighth Circuit

Decided September 25, 2013No. 12-2843Published

1DissentBye, Circuit Judge

In my view, B.K. has not demonstrated a likelihood of success on the merits nor a threat of irreparable harm. I would reverse the decision of the district court and vacate the preliminary injunction.

B.K. has not demonstrated a fair chance of prevailing on the merits of her procedural due process claim because she was not deprived of a protected liberty or property interest. The primary injury alleged by B.K. is the harm to her reputation for honesty and integrity. Yet, an individual’s reputation, alone, is not a protected liberty or property interest. Neal v. Fields, 429 F.3d 1165, 1167 (8th…

2Cases cited17 opinions

  1. Paul v. DavisSupreme Court of the United States · 1976
  2. Goss v. LopezSupreme Court of the United States · 1975
  3. Siegert v. GilleySupreme Court of the United States · 1991
  4. Seamons v. SnowCourt of Appeals for the Tenth Circuit · 1996
  5. S.J.W. Ex Rel. Wilson v. Lee's Summit R-7 School DistrictCourt of Appeals for the Eighth Circuit · 2012

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