Al-Turki v. Tomsic

Plaintiff Homaidan Al-Turki was a citizen of Saudi Arabia, sentenced by a Colorado state court to a term of eight years to life. He wished to serve the remainder of his time in prison in his home country. A treaty permitted this, but required approval of the State, the federal government, and the foreign nation. Plaintiff alleged he received approval from the proper state official but Defendants (several state and federal officials) then provided false derogatory information to the State that caused it to revoke its approval. He filed suit in the federal district court contending Defendants had violated his right to procedural due process under the federal Constitution by not providing him a hearing to clear his name before revoking the approval. He sought an injunction requiring he be granted a judicial hearing to clear his name and that Defendants not repeat the false allegations against him. Defendants moved to dismiss the complaint for failure to state a claim, and the district court granted the motion. After review, the Tenth Circuit concurred: “The stigma that results from defamation by public officials is alone insufficient to implicate procedural due process; the defamation must also have caused an alteration in the plaintiff’s legal status—that is, there must be ‘stigma plus.’ But Plaintiff has not adequately alleged a plus factor here, because he suffered no change in legal status as a result of Defendants’ alleged stigmatizing comments. Therefore, constitutional due process did not require that he be granted a hearing before the State’s final decision against his transfer to a prison in Saudi Arabia.” View "Al-Turki v. Tomsic" on Justia Law