Michael Alexander v. United States

PREGERSON, Circuit Judge:

Appellant Michael Alexander (“Alexander”) was conditionally hired by the Pacific Stock Exchange (“PSE”) to work as a security officer. On June 18, 1982, the personnel department at the PSE requested a background check of Alexander from the Federal Bureau of Investigation (“FBI”). Thereafter, the FBI sent to the PSE Alexander’s “rap sheet,” i.e., his FBI identification record, which contained information that resulted in the termination of Alexander’s employment on or about August 20, 1982. The “rap sheet” purportedly contained two arrest items that should not have…