Kenny Odell Justice v. Debra Abercrombie, No. 06-14978 (11th Cir. 2007)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT FEB 8, 2007 THOMAS K. KAHN CLERK No. 06-14978 Non-Argument Calendar ________________________ D.C. Docket No. 05-00120-CV-HLM-4 KENNY ODELL JUSTICE, Plaintiff-Appellant, versus DEBRA ABERCROMBIE, BOB DEHART, et al., Defendants-Appellees. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (February 8, 2007) Before DUBINA, CARNES and COX, Circuit Judges. PER CURIAM: Kenny Odell Justice owned a duplex in Floyd County, Georgia. Debra Abercrombie, Bob Dehart, and C. W. Sellers, M.D. are employees of the Floyd County, Georgia Board of Health. Mike Ashley and Ken Jones are employees of the Rome/Floyd County Building Inspection Department. Justice sued Abercrombie, Dehart, Sellers, Ashley, and Jones, in both their individual and official capacities, pursuant to 42 U.S.C. § 1983. The complaint alleged that Defendants violated Justice s federal constitutional rights when they caused their employers to condemn Justice s duplex. The district court granted summary judgment for Defendants on each of Justice s claims. Justice appeals, and contends that the district court erred in finding that his substantive due process rights were not violated by the condemnation. Having considered the briefs, and relevant parts of the record, we find no reversible error in the district court s rejection of Justice s substantive due process argument. AFFIRMED. 2

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