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VICORY v. WALTON

No. 82-3828.

721 F.2d 1062 (1983)

John W. VICORY, Plaintiff-Appellee, v. Robert R. WALTON, Sheriff of Butler County; and John F. Holcomb, Butler County Prosecutor, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 30, 1983.

Rehearing Denied March 28, 1984.

Attorney(s) appearing for the Case

Victoria Daiker, Carl D. Ferris, argued, Hamilton, Ohio, for defendants-appellants.

John D. Smith, argued, Franklin, Ohio, for plaintiff-appellee.

Before MERRITT and KENNEDY, Circuit Judges, and BERTELSMAN, District Judge.

Rehearing En Banc Denied March 28, 1984.

MERRITT, Circuit Judge.

The primary question before us in this damage suit under 42 U.S.C. § 1983 (1976) for deprivation of property under color of state law without due process, is whether plaintiff must plead and prove the absence of adequate state damage remedies as an element of the constitutional tort. We conclude under the authority of Parratt v. Taylor,...

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