Depriving of a Liberty Interest In Pursuing An Occupation
In Conrad v. County of Onondaga Examining Bd. for Plumbers, (758 F. Supp. 824 [N.D.N.Y.]), the plaintiff asserted that he was deprived of a liberty interest in pursuing the occupation of his choice.
The court refused to dismiss on a motion addressed to the pleadings because the complaint adequately alleged that the plaintiff had been denied his right to pursue a profession as a plumber.
The court made a distinction, however, between "a person denied one job" who "remains as free as before to seek another", and one who is effectively denied "the opportunity to participate in a chosen profession" (Conrad v. County of Onondaga Examining Bd. for Plumbers, 758 F. Supp. 824, 828 [N.D.N.Y.], supra).
The former does not constitute denial of a liberty interest.
The determinative question is whether the plaintiff has been effectively precluded from practicing as a plumber, or whether "he has simply been closed out of a small number of specified jobs" (supra).