Valdivia v. CITY OF VILLISCA

RULING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

WALTERS, United States Chief Magistrate Judge.

This matter is before the Court on defendants’ motion for summary judgment, filed May 15, 2001. Plaintiffs Miguel 1 and Alleyne Valdivia filed their complaint on November 1, 1999, bringing ten claims in four counts. Count I included three claims pursuant to 42 U.S.C. § 1983, alleging an unconstitutional taking of real property in violation of the Fifth and Fourteenth Amendments to the United States Constitution, and violations of the Due Process and Equal Protection Clauses of the Fourteenth…