John W. Vicory v. Robert R. Walton, Sheriff of Butler County and John F. Holcomb, Butler County Prosecutor

MERRITT, Circuit Judge.

The primary question before us in this damage suit under 42 U.S.C. § 1983 (1976) for deprivation of property under color of state law without due process, is whether plaintiff must plead and prove the absence *1063of adequate state damage remedies as an element of the constitutional tort. We conclude under the authority of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), that in section 1983 damage suits for deprivation of property without procedural due process the plaintiff has the burden of pleading and proving the inadequacy of state processes,…