Graham v. Mitchell

MEMORANDUM ORDER

KELLAM, Senior District Judge.

David Graham, Jr., a Virginia prison inmate, asserted that Mitchell and other correctional personnel negligently caused the loss of a watch Graham had ordered by mail, and thus deprived him of property without due process of law in contravention of the Fourteenth Amendment. Graham appealed this Court’s dismissal of his action filed pursuant to 42 U.S.C. § 1983. The Fourth Circuit remanded the case in light of the Supreme Court decision of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), which held that if a state provides a…