Legal Opinion

Francis Nolan Augustine v. John Doe, Deputy Sheriff, Lafayette Parish

Court of Appeals for the Fifth Circuit

Decided August 16, 1984No. 82-4573PublishedCited by 181 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

This appeal concerns the extent to which a plaintiffs rights under 42 U.S.C.A. § 1983 (1981) 1 are limited by the availability of postdeprivation state law remedies. The complaint charges the defendants with violating § 1983 by depriving the plaintiff, Francis N. Augustine, of his constitutional rights. The complaint alleges that the defendants arrested the plaintiff at his home without a warrant, took him and his dog to the police station by force, and detained him there until they could take his dog from him. On the authority of Parratt v. Taylor, 1981, 451 U.S. 527,…

2Cases cited47 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Hudson v. PalmerSupreme Court of the United States · 1984
  4. Payton v. New YorkSupreme Court of the United States · 1980
  5. Parratt v. TaylorSupreme Court of the United States · 1981

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3Cited by181 opinions

  1. Cozzo v. Tangipahoa Parish Council-President GovernmentCourt of Appeals for the Fifth Circuit · 2002
  2. Larry T. Wilson, Cross-Appellant v. Thomas L. Beebe, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1985
  3. Davis v. BaylessCourt of Appeals for the Fifth Circuit · 1995
  4. James T. Voutour v. Harold Vitale, James T. Voutour v. Harold VitaleCourt of Appeals for the First Circuit · 1985
  5. Michael Jamie Fundiller and Rae Winder Fundiller, His Wife, Plaintiffs v. The City of Cooper City, a Municipal Corp.Court of Appeals for the Eleventh Circuit · 1985

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