Walters

MEMORANDUM **

Vicki and Darrell Lee appeal the district court’s rulings on four of their section 1983 claims against Stephen S. Walters, Brad Higbee, George Rankin, Richard Reid, Laura Fine and Joanne McAdam, all members of the Oregon Racing Commission (ORC). We affirm in part, reverse in part, and remand for a determination of damages on the Lees’ claim that their tangible personal property was unreasonably seized.

With respect to the claim for unreasonable seizure of tangible property, we first note that the ORC orders excluding the Lees from Portland Meadows race track were valid, as we explain in the opinion filed concurrently herewith. However, the seizure of the Lees’ property was unreasonable because it was not necessary to further the state’s interest in regulating racing. See VonderAhe v. Howland, 508 F.2d 364, 368-70 (9th Cir.1974) (indiscriminate seizure of property from dentist’s office was unreasonable in the absence of pending criminal or civil proceedings). Further, the ORC officials are not entitled to qualified immunity on this claim because section 462.080(1) does not authorize the seizure of property. See, e.g., United States v. Place, 462 U.S. 696, 701 ,…