Douglas M. Brooks, Plaintiff-appellant, v. R.m. Muncy; James Johnson, Defendants-appellees, 869 F.2d 593 (4th Cir. 1989)

Annotate this Case
US Court of Appeals for the Fourth Circuit - 869 F.2d 593 (4th Cir. 1989) Submitted: Dec. 19, 1988. Decided: Feb. 17, 1989

Douglas M. Brooks, appellant pro se.

Alan Katz (Office of the Attorney General of Virginia), for appellees.

Before JAMES DICKSON PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Douglas M. Brooks, a Virginia inmate, brought this 42 U.S.C. § 1983 action because prison officials confiscated parts of a disassembled fan from his cell during a shakedown, and he contends that the deprivation was wrongful. The district court granted the defendants' motion for summary judgment, and we affirm. Brooks had an adequate post-deprivation remedy for the allegedly wrongful confiscation under Virginia law. Va.Code Ann. Sec. 8.01-195.3 (1981); Phelps v. Anderson, 700 F.2d 147, 149 n. 3 (4th Cir. 1983). Therefore, Brooks's property was not taken without due process. Hudson v. Palmer, 468 U.S. 517, 534-536 (1984). We dispense with oral argument because the facts and legal contentions are adequately presented in the record and argument would not significantly aid the decisional process.