BUNKLEY v. WATKINS

No. 76-1644.

567 F.2d 304 (1978)

Thelma BUNKLEY, Individually and on her own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Garland WATKINS, Individually and as his official capacity as Chief of Police of the City of Miami Police Department, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 6, 1978.


Attorney(s) appearing for the Case

Linsey Moore, Joyce Knox, Community Lawyers, Inc., Miami, Fla., for plaintiffs-appellants.

Elliot L. Miller, Miami, Fla., for Nolan's Garage.

Stuart Simon, Dade County Atty., Stephen P. Lee, Asst. County Atty., Miami, Fla., for defendants-appellees.

Before TUTTLE, CLARK and RONEY, Circuit Judges.


RONEY, Circuit Judge:

Plaintiff, Thelma Bunkley, brought this action under 42 U.S.C.A. § 1983, alleging that defendants deprived her of property without notice and hearing, when they towed and impounded her stolen car. The district court dismissed with prejudice for lack of jurisdiction, holding that § 1983 protects only personal liberties and not property rights. We reverse and remand for consideration on the merits, in light of Lynch v. Household Finance...

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