Off It Inc. v. Thurston County

MEMORANDUM

Appellants Off — It, Inc. and Layne Huber (collectively “Huber”) appeal from the district court’s grant of summary judgment in Appellee Thurston County’s favor on Huber’s claim against the County under 42 U.S.C. § 1983 for ratifying a constitutional violation. We have jurisdiction under 28 'U.S.C. § 1291, and we affirm.

In his briefing, Huber identified the sole constitutional violation at issue in this case as the County prosecutor’s “indefinite withholding” of the allegedly stolen property officers seized as evidence for criminal charges the County prosecutor had not yet brought but contended it would bring in the future. Huber did not specify the federal constitutional violation he contended the County ratified. His complaint and his briefs on appeal suggest, however, that the County ratified an unconstitutional deprivation of property without due process in violation of the Fourteenth Amendment.

“[A]n unauthorized intentional deprivation of property by a state employee does not constitute a violation of the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is available.” Hudson v.…