Shane Bellard v. Sid Gautreaux, III, 675 F.3d 454

Bellard, a deputy sheriff cadet at CARTA, was terminated for sexual harassment and related misconduct.
Two female cadet witnesses alleged Bellard made sexual comments and gestures, while Captain Venable recommended he be excused.
Bellard sought a name-clearing hearing; Sheriff Gautreaux denied the request as at-will employment.
Bellard asserted federal and state liberty interests and defamation claims against the Sheriff in official and individual capacities.
The district court granted partial summary judgment for the Sheriff; Bellard appealed these rulings.
After further proceedings, the district court dismissed remaining claims; the Fifth Circuit affirmed in part and vacated in part.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of LeDuff-LeDuff/Sheriff convo statement	Bellard argues LeDuff statement is admissible as Rule 801(d)(2) admission.	Sheriff contends Bellard's testimony is hearsay with no exception.	Statement is hearsay; not competent for summary judgment.
Federal liberty interest publication element	Bellard contends publication occurred via disclosures by Sheriff/office.	No competent evidence of publication; self-publication not attributable to Sheriff.	Publication not proven; individual capacity claims fail.
Official capacity (Monell) liability need for policy/custom	Bellard asserts custom/policy caused disclosure of allegations.	No evidence of policy or publication by Sheriff's office before LeDuff's contact.	No Monell basis; official capacity claims fail.
State liberty interest (official/individual) publication	Louisiana liberty interest claim mirrors federal analysis with publication requirement.	Publication not shown; hearsay dismissal applies to state analysis too.	Publication absent; state law claims fail.
State defamation claims (publication and fault)	Bellard asserts defamation by Sheriff in both capacities through publication.	Publications shown or privileged; self-publication undermines claims; hearsay blocks evidence.	No competent publication evidence; defamation claims fail.

Bledsoe v. City of Horn Lake, 449 F.3d 650 (5th Cir. 2006) (stigmatic liberty interest requires notice and hearing when defaming stigma occurs)
Campos v. Guillot, 743 F.2d 1123 (5th Cir. 1984) (publication must be by government, not self-publication)
Jenkins v. Jefferson Parish Sheriff's Office, 402 So.2d 669 (La. 1981) (state official capacity liability; vicarious liability for employees)
Fourcade v. City of Gretna, 598 So.2d 415 (La.Ct.App.1992) (self-publication distinctions in defamation analysis)
Hughes v. City of Garland, 204 F.3d 223 (5th Cir. 2000) (public publication must be by the government entity)
Tebo v. Tebo, 550 F.3d 492 (5th Cir. 2008) (publication and admissibility considerations in appeals)
Peaches Entm’t v. Entm’t Repertoire, 62 F.3d 690 (5th Cir. 1995) (hearsay admissibility for summary judgment purposes)
Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment standard and burden of proof)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (genuine issue of material fact; evidence must be competent)