New York Court of Appeals

In the Matter of Luther Swinton, Jr., Appellant v. Howard Safir, as Police Commissioner of the City of New York…

October 19, 199993 N.Y.2d 758

Summary

The Court affirmed the dismissal of the probationary police officer's claims that his termination was arbitrary, racially discriminatory, and that he was entitled to a hearing, but held that a likelihood of dissemination of stigmatizing personnel-file material is sufficient to trigger a due‑process right to a name‑clearing hearing and remanded for further fact‑finding.