LATHON v. CITY OF ST. LOUIS

No. 00-1521EM.

242 F.3d 841 (2001)

Walter LATHON, Appellant, v. CITY OF ST. LOUIS; St. Louis Board of Police Commissioners, as a body, and in their official capacities; the following members comprising the Board of Police Commissioners: Ann-Marie Clarke; Robert T. Haar; Jeff S. Jameson; Wayne F. Smith; and Clarence Harmon, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2001.


Attorney(s) appearing for the Case

Gregory G. Fenlon, argued, St. Louis, MO, for appellant.

Craig K. Higgins, argued, St. Louis, MO (Thomas J. Ray and Edward J. Hanlon, on the brief), for appellee.

BEFORE: WOLLMAN, Chief Judge, RICHARD S. ARNOLD and HANSEN, Circuit Judges.


RICHARD S. ARNOLD, Circuit Judge.

Walter Lathon appeals from the District Court's grant of summary judgment to defendants in his action under 42 U.S.C. § 1983 claiming deprivation of property without due process. Upon de novo review, we reverse and remand.

I.

In August 1994, in the course of a multi-jurisdictional narcotics investigation, police officers of the St. Louis Police Department executed a valid search warrant for Mr. Lathon's residence...

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