Jerry M. Collins, Plaintiff-appellant, v. Ray Storment; County of Dona Ana, New Mexico; Antoniomunoz; Charles D. Pierce, Defendants-appellees, 17 F.3d 1436 (10th Cir. 1994)

Plaintiff Jerry Michael Collins appeals from the grant of summary judgment in favor of defendants in this action filed under 42 U.S.C.1983. We exercise jurisdiction under 28 U.S.C. 1291, and affirm.

The parties are familiar with the facts. Briefly, plaintiff entered into an employment contract with a Ms. Herrera to supervise certain work on her home. Pursuant to this agreement, plaintiff made his residence in a building on Ms. Herrera's property. Appellant's Opening Br. at 11. After the relationship between plaintiff and Ms. Herrera soured, Ms. Herrera called the sheriff's department to cause plaintiff to leave her property and to prevent him from taking any of her property with him. Plaintiff filed suit, asserting claims under 1983 for unlawful eviction, seizure of personal property, illegal detention, false arrest, and false imprisonment.

Plaintiff raises only one issue on appeal:³  he claims there is a genuine issue of material fact that defendants seized his personal property without due process of law in violation of the Fourteenth Amendment. The district court, however, citing Parratt v. Taylor, 451 U.S. 527 (1981), overruled on other grounds by Daniels v. Williams, 474 U.S. 327 (1986), determined that plaintiff could not bring a procedural due process claim under 1983 because adequate post-deprivation remedies were available under state law.

We have considered plaintiff's argument on appeal and have reviewed the briefs and record carefully. We affirm the grant of summary judgment on this issue for substantially the same reason as set forth by the district court in its memorandum opinion and order dated April 23, 1993, a copy of which is attached to this order and judgment.

The judgment of the United States District Court for the District of New Mexico is AFFIRMED.