Lewis R. Daniel v. Wayne Ferguson

GOLDBERG, Circuit Judge:

The plaintiff in this civil rights action under 42 U.S.C. § 1983 seeks to recover for deprivation of property rights without due process of law and for arrest without probable cause. After hearing the plaintiff’s evidence the district court dismissed the case under Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. Although we find that the district court had jurisdiction we affirm the disposition of plaintiff's § 1983 claims under Fed.R.Civ.P. 50(a), holding that the plaintiff failed to demonstrate (1) that he was deprived of any property rights and (2)…