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Katzberg v. Regents of University of California

Katzberg v. Regents of University of California

Supreme Court of California

November 27, 2002, Decided ; November 27, 2002, Filed

No. S097445.

Opinion

GEORGE,  [*303]  C.  [**340]  J.

 [***483]  We granted review in this matter and in the companion case, Degrassi v. Cook (S094248) 29 Cal. 4th 333 [127 Cal. Rptr. 2d 329, 58 P.3d 2] (Degrassi), to consider whether an individual may bring an action for money damages on the basis of an alleged [***484]  violation of a provision of the California Constitution, in the absence of a statutory provision or an established common law tort authorizing such a damage remedy for the constitutional violation. In the present case, plaintiff seeks, among other relief, monetary damages based upon defendant's alleged [****2]  violation of his due process "liberty" interest under article I, section 7, subdivision (a), of the California Constitution (hereafter article I, section 7(a)), by failing to provide him with a timely "name-clearing" hearing after his removal as department chairman at a university medical center. We conclude that an action for damages is not available. 1 

 [*304]  I.

In 1991, plaintiff Richard W.  [****3]  Katzberg was appointed professor of medicine at the University of California at Davis Medical School and Chairperson of the Department of Radiology [**341]  at the University of California Davis Medical Center. In July 1995, the university commenced an investigation concerning alleged mishandling of funds by the department of radiology. In February 1996, the university issued a press release regarding the investigation, and the Sacramento District Attorney's Office thereafter announced that it would initiate a criminal investigation.

The investigation concerned approximately $ 250,000 that allegedly had been placed inappropriately in radiology accounts to be used for payment of department expenses. Most of this money came from rebates provided by medical equipment vendors. There never has been any allegation that plaintiff made any personal use of the challenged funds. Instead, the alleged improprieties related to placement of funds in the department's account rather than in the medical center's general funds.

In March 1996, the university announced that "appropriate personnel actions" had been initiated, but did not name any specific employee. Later that month, plaintiff was removed as [****4]  chairperson of the department. He remained a tenured professor at the medical school and a staff physician at the medical center.

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29 Cal. 4th 300 *; 58 P.3d 339 **; 127 Cal. Rptr. 2d 482 ***; 2002 Cal. LEXIS 8099 ****; 2002 Daily Journal DAR 13337; 19 I.E.R. Cas. (BNA) 545; 2002 Cal. Daily Op. Service 11504

RICHARD W. KATZBERG, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSTIY OF CALIFORNIA et al., Defendants and Respondents.

Prior History:  [****1]  Superior Court of Sacramento County, 88 Cal. App. 4th 147, 105 Cal. Rptr. 2d 586 No. 97AS00934. Joe S. Gray and Jeffrey L. Gunther Judge.

 Katzberg v. Regents of the University of California, 88 Cal. App. 4th 147, 105 Cal. Rptr. 2d 586, 2001 Cal. App. LEXIS 250 (3d Dist. 2001)

Disposition: The judgment of the Court of Appeal is affirmed.

CORE TERMS

damages, action for damages, constitutional provision, damages remedy, rights, voters, constitutional tort, cases, asserted violation, name-clearing, decisions, liberty interest, due process, due process liberty, state constitution, courts, money damages, infer, due process violation, due process right, common law, alleged violation, monetary damages, factors, seek damages, circumstances, injunctive, violations, Revision, italics

Constitutional Law, State Constitutional Operation, Labor & Employment Law, Employment Relationships, At Will Employment, Duration of Employment, Substantive Due Process, Scope, Governments, State & Territorial Governments, Employees & Officials, General Overview, Public Employees, Fundamental Rights, Procedural Due Process, Scope of Protection, Civil Procedure, Declaratory Judgments, State Declaratory Judgments, Remedies, Damages, Federal Government, Monetary Damages, Torts, Types of Damages, Compensatory Damages, Public Entity Liability, Bill of Rights, Eminent Domain & Takings, Criminal Law & Procedure, Trials, Defendant's Rights, Right to Due Process, Writs, Common Law Writs, Mandamus, Judgments, Intentional Torts, Negligence