• U.S. Court of Appeals for the 2nd Circuit
To prevail on a due-process liberty claim, a plaintiff must allege 1.) the utterance of a statement about her that is injurious to her reputation, that is capable of being proved false, and that she claims is false; and 2.) some tangible and material state-imposed burden in addition to the stigmatizing statement, pursuant to Velez v. Levy, a 2005 decision of the 2nd Circuit.