Raphael Mendez v. Bryan Meek, No. 19-1376 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Shepherd and Kelly, Circuit Judges] Civil case - Civil rights. In action by a federal civil detainee alleging the confiscation of his property violated his civil rights, the dismissal of his complaint under Section 1915(e)(2)(B)(ii) is affirmed without comment. [ August 20, 2019
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1376 ___________________________ Raphael Mendez lllllllllllllllllllllPlaintiff - Appellant v. Bryan Meek, Correctional Officer; Lt. Holbus, Correctional Officer; Lt. Sladek, Correctional Officer; Ms. Whiplinger, Correctional Officer; Ms. G. Balas, Unit Disciplinary Officer; T. Muller, Unit Disciplinary Officer; Warden David Paul, et al. lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: August 9, 2019 Filed: August 21, 2019 [Unpublished] ____________ Before BENTON, SHEPHERD, and KELLY, Circuit Judges. ____________ PER CURIAM. Federal civil detainee Raphael Mendez appeals after the district court1 dismissed his pro se civil rights complaint, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). He challenges the dismissal of his claim asserting that confiscation of his property violated his due process rights. Upon careful review of the record and Mendez’s arguments on appeal, we conclude that the dismissal was proper. See Hudson v. Palmer, 468 U.S. 517, 533 (1984) (unauthorized deprivation of property by government official does not violate procedural due process unless suitable post-deprivation remedy is unavailable); see also 28 C.F.R. § 542.10-.19 (setting forth Bureau of Prison’s administrative remedy procedures); Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (de novo review of § 1915(e)(2)(B) dismissal); cf. Gardner v. Howard, 109 F.3d 427, 430 (8th Cir. 1997) (there is no liability under 42 U.S.C. § 1983 based only on prison official’s violation of prison policy). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Hildy Bowbeer, United States Magistrate Judge for the District of Minnesota. -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
