Sanders

John Sanders (dba Golden Rule Pawn Brokerage) appeals the district court’s grant of summary judgment in favor of the City of San Diego and Detective Mark Michel in this action brought under 42 U.S.C. §§ 1983 , 1985, and 1988. Sanders contends that the warrantless seizure of allegedly stolen property from his pawn shop and the police de *1425 partment’s return of stolen property to its owner violated Sanders’ right to procedural due process. We have jurisdiction under 28 U.S.C. § 1291 , and we AFFIRM in part and REVERSE and REMAND in part.

I.

Linda Hardeman, a nurse’s aide employed to provide in-home care to Audrey Moore, stole numerous items of jewelry from Moore. On October 26, 1993, Hardeman pawned two of these items, a necklace and ring, at Sanders’ pawn shop. As required by law, Sanders reported both loan transactions to the San Diego Police Department.

In November 1993, Detective Mark Michel was assigned to investigate Moore’s complaint concerning several missing pieces of jewelry. Michel obtained a detailed description of the missing items from Moore’s daughter, Pamela Kish; he then began to investigate the possibility that one of Moore’s health care givers had stolen the…