RILEY, J.
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Myers raises three (3) issues on appeal; Coats raises one issue on cross-appeal. Evaluating the issues, we find one issue dispositive and restate as follows: Whether the trial court erred by concluding that genuine issues of material fact existed regarding Myers’ personal deprivation of Coats’ constitutional rights.
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…The trial court concluded that Coats had a liberty interest in not being mistakenly labeled as a sex offender and that the process to challenge such erroneous listing was inadequate. The trial court also found that Coats had not produced sufficient evidence to show that Myers had deprived Coats of his liberty interest, but also found that there was a genuine issue of material fact as to whether Myers personally deprived Coats of a constitutional right.
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…Coats’ § 1983 claim alleges that Myers violated his Fourteenth Amendment Due Process rights under the United States Constitution by failing to afford him a process to challenge his erroneous registration as a sex offender.
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…Coats therefore had a liberty interest in not erroneously being labeled a sex offender. Accordingly, the trial court did not err in granting Coats’ motion for partial summary judgment and denying Myers’ cross-motion for summary judgment as to this issue. [Footnote omitted.]
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Coats argues that no process was afforded to him to challenge his erroneous classification as a sex offender. Myers contends that even if a deprivation occurred adequate state law remedies existed and thus Coats was afforded sufficient process.
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…We therefore conclude that providing an opportunity for a hearing to contest Coats’ erroneous sex offender registration would have sufficed to provide Coats with sufficient process. Accordingly, the trial court did not err in concluding that Coats was not afforded due process.
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By evaluating Myers’ personal involvement with Coats’ plight and using the Brown test for supervisory liability, we find that Coats has not carried his burden to demonstrate that there is a genuine issue of material fact establishing that Myers personally deprived Coats of a liberty interest and failed to afford him sufficient process….
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…Thus, Coats has not shown that Myers’ “promulgated, created, implemented or possessed responsibility for the continued operation of a policy” that “caused the complained of constitutional harm.” Brown, 662 F.3d at 1165. Accordingly, we find that summary judgment for Myers should have been granted on this issue. [Footnote omitted.]
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Affirmed in part and reversed in part.
KIRSCH, J. and ROBB, C. J. concur