Yates v. Jamison

CHAPMAN, Circuit Judge:

Plaintiffs Wilbert and Eleanor Yates brought this 42 U.S.C. § 1983 action against the City of Charlotte and its agents alleging that defendants had destroyed a house they owned without notice in violation of the due process clause of the fourteenth amendment. We granted defendants permission to file this interlocutory appeal under 28 U.S.C. § 1292(b) after the district court denied their motion to dismiss plaintiffs’ complaint for a failure to state a claim upon which relief could be granted, Fed.R.Civ.P. 12(b)(6). We hold that the Supreme Court’s decision in Parratt v.…