Arthur J. Brown v. J. A. Miller, Jr., Etc., and Mississippi Telephone Corporation, Etc.

TATE, Circuit Judge:

The defendants, the mayor of a municipality and a corporation substantially owned by him, appeal from adverse judgment awarding the plaintiff, a police chief, damages of $54,000, for the taking of his property (his salary checks) without due process. The basis of the cause of action is that the mayor, acting under color of state law, thereby deprived the plaintiff of his constitutional rights. 42 U.S.C. § 1983. The district court had directed a verdict in favor of the plaintiff as to liability, and submitted the issue of damages to the jury. On appeal, the defendant mayor…