WALTMAN v. PAYNE

No. 05-60588.

535 F.3d 342 (2008)

Marion WALTMAN, Plaintiff-Appellant, v. George PAYNE, in both his official and individual capacities, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 10, 2008.


Attorney(s) appearing for the Case

Chester D. Nicholson (argued), Nicholson & Nicholson, Gulfport, MS, for Waltman.

Cyril T. Faneca, Jr., Trace Dene McRaney (argued), Haley N. Broom, Dukes, Dukes, Keating & Faneca, Gulfport, MS, for Payne.

Before GARWOOD, DENNIS and OWEN, Circuit Judges.


OWEN, Circuit Judge:

Marion Waltman sued Sheriff George Payne, Jr. in his individual and official capacities for the destruction of 500 kenaf plants—a plant that closely resembles marijuana—on Waltman's hunting lease. The district court granted Payne qualified immunity in his individual capacity, held that Waltman's Fifth Amendment takings claim was not ripe, and granted Payne summary judgment on the claims in his official capacity. We affirm in part...

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