In Mcinerney v. Eighth Judicial District Court, 2018 WL 6308727 (D. Nev. Dec. 3, 2018), Plaintiff Michael Mcinerney brought a negligence claim under 15 U.S.C. § 1681i against HireRight based upon its reporting of his criminal history. Based upon state court records, HireRight reported that Mcinerney was convicted of two felony counts: (1) count 1: robbery, victim 65 years of age or older and (2) count 2: attempted murder with the use of a deadly weapon. After his conviction, Mcinerney filed a habeas motion and successfully obtained the dismissal of his attempted murder conviction. HireRight’s reporting failed to reflect the dismissal of the attempted murder conviction.
Because Mcinerney could not produce any evidence to show that he could satisfy any of the elements of a claim, other than the element requiring him to dispute an item in his credit file with a consumer reporting agency, the court granted HireRight’s motion for summary judgment.