Cagadas

Cagadas v. Espinoza

Good Law
47 F. App'x 814
United States Court of Appeals for the Ninth CircuitSeptember 16, 2002No. 01-16846; D.C. No. CV-96-01769-DFLCalifornia317 words

Opinion

Lead Opinion

MEMORANDUM **

Richard Cagadas appeals pro se the district court’s grant of summary judgment in his 42 U.S.C. § 1983 action alleging violation of his constitutional rights stemming from the seizure of various personal items incident to his arrest for violation of parole. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and affirm.

The district court properly granted summary judgment to the four parole agents on Cagadas’ claim that he was denied due process when his personal property was seized and not returned because there is an adequate state post-deprivation remedy. See Hudson v. Palmer, 468 U.S. 517, 533 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984); Barnett, 31 F.3d at 816 (holding that California law provides an adequate post-deprivation remedy). We have previously held that California’s civil tort law is the proper vehicle for recovery when defendants allegedly did not comply with regulations regarding the inventory of seized property. See King v. Massarweh, 782 F.2d 825, 827 (9th Cir.1986); see also Lake Nacimiento Ranch Co. v. County of San Luis Obispo, 841 F.2d 872 , 880 n. 7 (9th…

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