Waltman v. Payne

OWEN, Circuit Judge:

Marion Waltman sued Sheriff George Payne, Jr. in his individual and official capacities for the destruction of 500 kenaf plants — a plant that closely resembles marijuana — on Waltman’s hunting lease. The district court granted Payne qualified immunity in his individual capacity, held that Waltman’s Fifth Amendment takings claim was not ripe, and granted Payne summary judgment on the claims in his official capacity. We affirm in part, and we vacate and dismiss without prejudice in part.

I

Marion Waltman held a hunting lease on approximately 1500 acres in Harrison County,…