Katzberg

I concur in the majority’s affirmance of the Court of Appeal’s judgment barring plaintiff from seeking damages for any violation of his state constitutional right to due process. In my view, however, it is not only unnecessary but entirely inappropriate to go beyond the short, clear answer to the question presented or to consider anything other than the constitutional history and drafters’ intent in determining whether a constitutional provision is enforceable by an action in tort. The majority cites no authority and offers no rationale for applying the “constitutional tort” analysis adopted by the United States Supreme Court in Bivens v. Six Unknown Fed. Narcotics Agents (1971) 403 U.S. 388 [ 91 S.Ct. 1999 , 29 L.Ed.2d 619 ] to a provision of the. California Constitution.

“[I]t is well established that the California Constitution ‘is, and always has been, a document of independent force’ [citation], and that the rights embodied in and protected by the state Constitution are not invariably identical to the rights contained in the federal Constitution. [Citation.] California cases long have recognized the independence of the California Constitution [citation], and article I,…

We granted review in this matter and in the companion case, Degrassi v. Cook (2002) 29 Cal.4th 333 [ 127 Cal.Rptr.2d 508 , 58 P.3d 360 ] (Degrassi), to consider whether an individual may bring an action for money damages on the basis of an alleged 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 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.

*304 I.

In 1991, plaintiff Richard W. Katzberg was appointed professor of medicine at the University of California at Davis Medical School and Chairperson of the Department of Radiology at the University of California Davis Medical Center. In July 1995, the university commenced…

We granted review in this matter and in the companion case, Degrassi v. Cook (2002) 29 Cal.4th 333 , 127 Cal.Rptr.2d 508 , 58 P.3d 360 (Degrassi ), to consider whether an individual may bring an action for money damages on the basis of an alleged 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 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]

In 1991, plaintiff Richard W. Katzberg was appointed professor of medicine at the University of California at Davis Medical School and Chairperson of the Department of Radiology at the University of California Davis Medical Center. In July 1995, the university commenced an…