William Rehnquist

“ But it then went on to "assume [ ] without deciding, that [Gilley's] bad faith motivation would suffice to make [his] actions in writing the letter a violation of Siegert's constitutional rights, and that the process given by the credentialing review was not adequate to meet due process requirements." 282 U.S.App.D.C., at 398, 895 F.2d, at 803. We think the Court of Appeals should not have assumed without deciding this preliminary issue in this case, and proceeded to examine the sufficiency of the allegations of malice. ”

“ Instead, the court determined that " [it] would like to see a more developed record," and therefore ordered "a limited amount of discovery." Ibid. In particular, the court directed the taking of the depositions of the parties and Colonel Smith. ”

“ Davis, be held to state a claim for denial of a constitutional right. This is not a suit against the United States under the Federal Tort Claims Act—such a suit could not be brought, in the light of the exemption in that act for claims based on defamation, see 28 U.S.C. § 2680 (h) ,—but a suit against Siegert's superior at St. Elizabeth's hospital. The alleged defamation was not uttered incident to the termination of Siegert's employment by the hospital, since he voluntarily resigned from his position at the hospital, and the letter was written several weeks later. ”