Chester Wheeler Campbell v. Joseph Shearer

MERRITT, Circuit Judge.

In this procedural due process action brought under 42 U.S.C. § 1983 (1976) for deprivation of property, we are presented again with the question of what elements are necessary to state and prove a cause of action for constitutional deprivation of property under section 1983. The District Court decided in favor of the various defendants on grounds that they are protected from liability by either an absolute, or a qualified immunity. We affirm on a different ground. Under our recent decision in Vicory v. Walton, 721 F.2d 1062 (6th Cir.1983), a plaintiff must plead and…