Owen v. City of Independence

Mr. Justice Powell.,

with whom The Chief Justice, Mr. Justice Stewart, and Mr. Justice Rehnquist join, dissenting.

The Court today holds that the city of Independence may be liable in damages for violating a constitutional right that was unknown when the events in this case, occurred. It finds a denial of due process in the city’s failure to grant petitioner a hearing to clear his name after he was discharged. But his dismissal involved only the proper exercise of discretionary powers according to prevailing constitutional doctrine. The city imposed no stigma on petitioner that would require a…