Walters v. Wolf, et al., No. 10-3597 (8th Cir. 2011)
Annotate this CasePlaintiff brought a 42 U.S.C. 1983 action against the city and the police chief (defendants) alleging that they (1) deprived him of his property, namely a handgun and its ammunition, without due process of law, in violation of the Fifth and Fourteenth Amendment; and (2) through the same conduct, violated his right to keep and bear arms under the Second Amendment. The court held that the district court erred in granting defendants's motion for summary judgment on plaintiff's due process claim. The court held, however, that the district court did not err in concluding that plaintiff's Second Amendment claim failed as a matter of law.
Court Description: Civil case - civil rights. When an established state procedure deprives one of property, postdeprivation remedies generally fail to satisfy the applicable Supreme Court precedents, and the district court erred in finding that availability of a postdeprivation replevin action was sufficient to address the constitutionally impermissible deprivation present in the case; on this record plaintiff has failed to establish that the seizure of his firearm violated his Second Amendment right to keep and bear arms.
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