Legal Opinion
Barbara Rittenhouse v. Dekalb County, Karen Bullard
Court of Appeals for the Eleventh Circuit
Decided July 9, 1985No. 84-8039PublishedCited by 46 opinions
1Opinion of the Court
R. LANIER ANDERSON, III, Circuit Judge:
The Supreme Court held in Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), that a prisoner’s Fourteenth Amendment due process rights were not violated when prison officials negligently lost his property, since the prisoner had an adequate remedy available under state law to redress the wrong. In this appeal, we must first address the contention that the Parratt analysis does not apply because of the “established state procedure” exception. We reject that argument, and then address the question of whether a state law remedy is…
2Cases cited24 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Hudson v. PalmerSupreme Court of the United States · 1984
- Parratt v. TaylorSupreme Court of the United States · 1981
- Rizzo v. GoodeSupreme Court of the United States · 1976
19 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- James Edward Hoefling, Jr. v. City of MiamiCourt of Appeals for the Eleventh Circuit · 2016
- James Wright v. Lanson Newsome, WardenCourt of Appeals for the Eleventh Circuit · 1986
- Gary D. Gillihan v. Duane Shillinger Tom Shanyfelt and John BunchCourt of Appeals for the Tenth Circuit · 1989
- Sheila Vinson v. Campbell County Fiscal Court Nickie Hornsby and William StollCourt of Appeals for the Sixth Circuit · 1987
- Brotherton v. ClevelandCourt of Appeals for the Sixth Circuit · 1991
41 more not listed; retrieve them via the Exa API.