Terry L. Arcoren v. Wenton Peters and John Schooler

In my view, Judge Edward Dumbauld’s opinion for the panel correctly stated the law and should be accepted by the Court en banc. Arcoren v. Peters, 811 F.2d 392 (8th Cir.1987). Accordingly, I dissent from the en banc opinion and do so for the reasons so ably set forth by Judge Dumbauld in his opinion of February 2, 1987.

I write only to emphasize several points in the panel opinion which are largely ignored by the majority:(1) The plain language of the fifth amendment to the United States Constitution states, “No person shall * * * be deprived of * * * property, without due process of law.”…