Jerry Zane Nelson v. Ralph W. Hall, Sheriff of Grant County, State of Washington

Appellant appeals from an order of the District Court granting appellee’s motion for a summary judgment in his favor, and dismissing appellant’s action wherein he sought to recover money damages from appellee under the Civil Rights Act, for the alleged deprivation under color of state law of property without due process of law, in violation of his rights under the Fourteenth Amendment, and other provisions of the Constitution of the United States, and of the Constitution of the State of Washington.

Jurisdiction of the District Court was invoked by appellant “under Sections 1343, 1443 of Title 28, U.S.C. 1952 edition, Amendment 1, Section 1, and Amendment 14, Section 1, of the United States Constitution and Article 1, Section 3 of the Washington State Constitution and Article 1, Section 15 of the Washington State Constitution.”

The property of which appellant claims to have been deprived consists of a 1951 Cadillac automobile which appellant purchased in 1962. The automobile was sold at public sale, by appellee, as an abandoned car under the “Abandoned Car” statute of the State of Washington. R.C.W. 46.52.110.

The record, in substance, reveals:

That on or about April 15, 1963,…