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HARRIS v. CITY OF AKRON

No. 93-3056.

20 F.3d 1396 (1994)

John HARRIS, Plaintiff-Appellant, v. CITY OF AKRON, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 6, 1994.

Rehearing Denied April 29, 1994.

Attorney(s) appearing for the Case

Allen C. Carter, Sr. (argued and briefed), Canton, OH, for plaintiff-appellant.

Kathryn W. Pascover (argued and briefed), Director of Law, Akron, OH, for defendant-appellee.

Before: RYAN and SUHRHEINRICH, Circuit Judges; and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

We must decide in this case whether the owner of real estate that was demolished by city officials is foreclosed from recovering damages in an action under 42 U.S.C. § 1983 because of his failure to plead and prove that no adequate state law remedy existed by which he could pursue his claim. Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981); Vicory v. Walton,

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