parratt
taylor
argued
march
decided
may
respondent
inmate
nebraska
prison
ordered
mail
certain
hobby
materials
delivered
prison
packages
containing
materials
lost
normal
procedure
receipt
mail
packages
followed
respondent
brought
action
federal
district
petitioner
prison
officials
recover
value
hobby
materials
claiming
petitioners
negligently
lost
materials
thereby
deprived
respondent
property
without
due
process
law
violation
fourteenth
amendment
district
entered
summary
judgment
respondent
holding
negligent
actions
state
officials
basis
action
petitioners
immune
liability
deprivation
hobby
materials
implicated
due
process
rights
appeals
affirmed
held
respondent
stated
claim
relief
pp
action
initial
inquiry
must
focus
whether
two
essential
elements
action
present
whether
conduct
complained
committed
person
acting
color
state
law
whether
conduct
deprived
person
rights
privileges
immunities
secured
constitution
laws
pp
although
respondent
deprived
property
color
state
law
sufficiently
alleged
violation
due
process
clause
fourteenth
amendment
deprivation
occur
result
established
state
procedure
result
unauthorized
failure
state
agents
follow
established
state
procedure
moreover
nebraska
tort
claims
procedure
provides
remedy
persons
suffered
tortious
loss
hands
state
respondent
use
procedure
fully
compensated
respondent
property
loss
sufficient
satisfy
requirements
due
process
pp
rehnquist
delivered
opinion
burger
brennan
stewart
white
blackmun
stevens
joined
stewart
post
white
post
blackmun
post
filed
concurring
opinions
powell
filed
opinion
concurring
result
post
marshall
filed
opinion
concurring
part
dissenting
part
post
kirk
brown
assistant
attorney
general
nebraska
argued
cause
petitioners
brief
paul
douglas
attorney
general
kevin
colleran
appointment
argued
cause
filed
brief
respondent
briefs
amici
curiae
urging
reversal
filed
state
arizona
et
al
robert
corbin
attorney
general
arizona
mcfarlane
attorney
general
colorado
carl
ajello
attorney
general
connecticut
david
leroy
attorney
general
idaho
tyrone
fahner
attorney
general
illinois
theodore
sendak
attorney
general
indiana
thomas
miller
attorney
general
iowa
robert
stephan
attorney
general
kansas
frank
kelley
attorney
general
michigan
warren
spannaus
attorney
general
minnesota
william
allain
attorney
general
mississippi
john
ashcroft
attorney
general
missouri
paul
robert
otto
john
morris
assistant
attorneys
general
gregory
smith
acting
attorney
general
new
hampshire
robert
abrams
attorney
general
new
york
rufus
edmisten
attorney
general
north
carolina
allen
olson
attorney
general
north
dakota
william
brown
attorney
general
ohio
james
brown
attorney
general
oregon
harvey
bartle
iii
attorney
general
pennsylvania
daniel
mcleod
attorney
general
south
carolina
mark
mierhenry
attorney
general
south
dakota
william
leech
attorney
general
tennessee
robert
hansen
attorney
general
utah
chancey
browning
attorney
general
west
virginia
john
troughton
attorney
general
wyoming
state
hawaii
wayne
minami
attorney
general
james
dannenberg
deputy
attorney
general
americans
effective
law
enforcement
et
al
fred
inbau
wayne
schmidt
frank
carrington
james
manak
theodore
sendak
attorney
general
indiana
commonwealth
massachusetts
francis
bellotti
attorney
general
roberta
thomas
brown
assistant
attorney
general
state
texas
mark
white
attorney
general
john
fainter
first
assistant
attorney
general
richard
gray
iii
executive
assistant
attorney
general
barbara
marquardt
assistant
attorney
general
state
new
jersey
john
degnan
attorney
general
stephen
skillman
assistant
attorney
general
joseph
maloney
george
fisher
deputy
attorneys
general
gary
palm
filed
brief
edwin
mandel
legal
aid
clinic
amicus
curiae
urging
affirmance
bruce
ennis
filed
brief
american
civil
liberties
union
amicus
curiae
justice
rehnquist
delivered
opinion
respondent
inmate
nebraska
penal
correctional
complex
ordered
mail
certain
hobby
materials
valued
hobby
materials
lost
respondent
brought
suit
recover
value
first
blush
one
might
well
inquire
respondent
brought
action
federal
recover
damages
small
amount
negligent
loss
property
predicate
jurisdiction
district
contains
minimum
dollar
limitation
authorized
congress
bring
action
section
met
requirements
stated
claim
relief
respondent
claimed
property
negligently
lost
prison
officials
violation
rights
fourteenth
amendment
constitution
specifically
claimed
deprived
property
without
due
process
law
district
district
nebraska
entered
summary
judgment
respondent
appeals
eighth
circuit
affirmed
per
curiam
order
granted
certiorari
facts
underlying
dispute
seriously
contested
respondent
paid
hobby
materials
ordered
two
drafts
drawn
inmate
account
prison
officials
packages
arrived
complex
signed
two
employees
worked
prison
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center
one
employees
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inmate
respondent
segregation
time
permitted
hobby
materials
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prison
procedures
handling
mail
packages
upon
arrival
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signs
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prisoner
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package
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receipt
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one
package
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segregation
respondent
contacted
several
prison
officials
regarding
whereabouts
packages
officials
never
able
locate
packages
determine
caused
disappearance
respondent
commenced
action
petitioners
warden
hobby
manager
prison
district
seeking
recover
value
hobby
materials
claimed
lost
result
petitioners
negligence
respondent
alleged
petitioners
conduct
deprived
property
without
due
process
law
violation
fourteenth
amendment
constitution
respondent
chose
proceed
district
even
though
state
nebraska
tort
claims
procedure
provided
remedy
persons
suffered
tortious
losses
hands
state
october
district
granted
respondent
motion
summary
judgment
district
ruled
negligent
actions
state
officials
basis
action
petitioners
immune
damages
actions
kind
deprivation
hobby
kit
implicate
due
process
rights
district
explained
situation
prison
officials
confiscated
contraband
negligence
officials
failing
follow
policies
concerning
distribution
mail
resulted
loss
personal
property
respondent
loss
go
without
redress
app
pet
cert
ii
best
possible
worlds
district
statement
respondent
loss
go
without
redress
admirable
provision
contained
code
governed
administration
justice
jurisdiction
better
worse
however
traditions
arise
common
law
reasoning
establishment
precedent
system
modified
statute
constitutional
amendment
judicial
decision
governs
coexisting
make
extent
authority
art
iv
constitution
national
government
early
period
history
nation
held
federal
common
law
crimes
hudson
goodwin
cranch
since
erie
tompkins
general
common
law
applicable
federal
courts
merely
reason
jurisdiction
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order
properly
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case
must
deal
simply
single
general
principle
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principle
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abstract
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interplay
constitution
statutes
facts
form
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litigation
federal
courts
courts
limited
jurisdiction
must
first
look
act
congress
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jurisdiction
claims
respondent
district
enactment
found
provides
pertinent
part
district
courts
shall
original
jurisdiction
civil
action
authorized
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person
redress
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regulation
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act
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person
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laws
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suit
equity
proper
proceeding
redress
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language
legislative
history
limits
statute
solely
intentional
deprivations
constitutional
rights
baker
mccollan
supra
suggested
simply
wrong
negligently
opposed
intentionally
committed
foreclose
possibility
action
brought
explained
question
whether
allegation
simple
negligence
sufficient
state
cause
action
elusive
appears
first
blush
may
well
susceptible
uniform
answer
across
entire
spectrum
conceivable
constitutional
violations
might
subject
action
abundantly
clear
one
reason
legislation
passed
afford
federal
right
federal
courts
reason
prejudice
passion
neglect
intolerance
otherwise
state
laws
might
enforced
claims
citizens
enjoyment
rights
privileges
immunities
guaranteed
fourteenth
amendment
might
denied
state
agencies
screws
case
dealt
statute
imposed
criminal
penalities
acts
willfully
done
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word
setting
mean
act
specific
intent
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person
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right
think
gloss
put
word
willfully
appear
moreover
provides
civil
remedy
screws
case
dealt
criminal
law
challenged
grounds
vagueness
section
read
background
tort
liability
makes
man
responsible
natural
consequences
actions
iii
since
decision
monroe
pape
supra
longer
questioned
alleged
conduct
petitioners
case
satisfies
color
state
law
requirement
petitioners
state
employees
positions
considerable
authority
seriously
contend
otherwise
inquiry
therefore
must
turn
second
requirement
whether
respondent
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right
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laws
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respondent
alleges
complaint
rights
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amendment
constitution
violated
deprived
property
due
process
law
app
respondent
claims
differ
claims
us
monroe
pape
supra
involved
violations
fourth
amendment
claims
presented
estelle
gamble
involved
alleged
violations
eighth
amendment
amendments
held
applicable
virtue
adoption
fourteenth
amendment
see
mapp
ohio
robinson
california
respondent
refers
right
privilege
immunity
secured
constitution
federal
laws
due
process
clause
fourteenth
amendment
simpliciter
pertinent
text
fourteenth
amendment
provides
section
persons
born
naturalized
subject
jurisdiction
thereof
citizens
state
wherein
reside
state
shall
make
enforce
law
shall
abridge
privileges
immunities
citizens
shall
state
deprive
person
life
liberty
property
without
due
process
law
deny
person
within
jurisdiction
equal
protection
laws
emphasis
supplied
never
directly
addressed
question
process
due
person
employee
state
negligently
takes
property
cases
held
due
process
requires
predeprivation
hearing
state
interferes
liberty
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interest
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citizens
cases
however
deprivation
property
pursuant
established
state
procedure
process
offered
actual
deprivation
took
place
example
mullane
central
hanover
trust
struck
due
process
grounds
new
york
statute
allowed
trust
company
sought
judicial
settlement
trust
accounts
give
notice
publication
beneficiaries
even
whereabouts
beneficiaries
known
held
personal
notice
situations
required
stated
notice
person
due
process
mere
gesture
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process
recently
bell
burson
reviewed
state
statute
provided
taking
driver
license
registration
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motorist
involved
accident
recognized
driver
license
often
involved
livelihood
person
summarily
taken
without
prior
hearing
fuentes
shevin
struck
florida
prejudgment
replevin
statute
allowed
secured
creditors
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writs
ex
parte
proceedings
held
due
process
required
prior
hearing
state
authorized
agents
seize
property
debtor
possession
see
also
boddie
connecticut
goldberg
kelly
sniadach
family
finance
cases
deprivations
property
authorized
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state
procedure
due
process
held
require
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hearing
order
serve
check
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deprivation
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remedies
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process
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cases
normal
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heard
pretermitted
state
provides
postdeprivation
remedy
north
american
cold
storage
chicago
upheld
right
state
seize
destroy
unwholesome
food
without
preseizure
hearing
possibility
erroneous
destruction
property
outweighed
fact
public
health
emergency
justified
immediate
action
owner
property
recover
damages
action
law
incident
ewing
mytinger
casselberry
upheld
fifth
amendment
due
process
clause
summary
seizure
destruction
drugs
without
preseizure
hearing
similarly
fahey
mallonee
recognized
protection
public
interest
economic
harm
justify
immediate
seizure
property
without
prior
hearing
substantial
questions
raised
competence
bank
management
bowles
willingham
upheld
face
due
process
challenge
authority
administrator
office
price
administration
issue
rent
control
orders
without
providing
hearing
landlords
order
regulation
fixing
rents
became
effective
see
also
corn
exchange
bank
coler
mckay
mcinnes
coffin
brothers
bennett
ownbey
morgan
cases
recognize
either
necessity
quick
action
state
impracticality
providing
meaningful
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process
coupled
availability
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means
assess
propriety
state
action
time
initial
taking
satisfy
requirements
procedural
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process
stated
mitchell
grant
petitioner
asserts
right
hearing
possession
way
disturbed
nonetheless
mandated
long
line
cases
culminating
sniadach
family
finance
fuentes
shevin
cases
said
petitioner
hold
opportunity
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must
precede
actual
deprivation
private
property
import
however
clear
petitioner
merely
stand
proposition
hearing
must
one
finally
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property
deal
need
pretermination
hearing
full
immediate
hearing
provided
usual
rule
property
rights
involved
mere
postponement
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enquiry
denial
due
process
opportunity
given
ultimate
judicial
determination
liability
adequate
phillips
commissioner
omitted
justifications
found
sufficient
uphold
takings
property
without
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process
applicable
situation
present
one
involving
tortious
loss
prisoner
property
result
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act
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employee
case
loss
result
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state
procedure
state
predict
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loss
occur
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state
provide
meaningful
hearing
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takes
place
loss
property
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attributable
state
action
color
law
almost
cases
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control
state
indeed
cases
impracticable
impossible
provide
meaningful
hearing
deprivation
mean
course
state
take
property
without
providing
meaningful
postdeprivation
hearing
prior
cases
excused
requirement
rested
part
availability
meaningful
opportunity
subsequent
initial
taking
determination
rights
liabilities
case
remarkably
similar
present
one
bonner
coughlin
modified
en
banc
cert
denied
prisoner
alleged
prison
officials
made
possible
leaving
door
plaintiff
cell
open
others
without
authority
remove
plaintiff
trial
transcript
cell
question
presented
whether
negligence
may
support
recovery
judge
stevens
writing
panel
appeals
seventh
circuit
recognized
question
decided
whether
said
deprivation
without
due
process
law
ibid
concluded
seems
us
important
difference
challenge
established
state
procedure
lacking
due
process
property
damage
claim
arising
misconduct
state
officers
former
situation
facts
satisfy
literal
reading
fourteenth
amendment
prohibition
state
deprivations
property
latter
situation
however
even
though
action
color
state
law
sufficient
bring
amendment
play
state
action
necessarily
complete
case
law
illinois
provides
substance
plaintiff
entitled
made
whole
loss
property
occasioned
unauthorized
conduct
prison
guards
may
reasonably
conclude
therefore
existence
adequate
state
remedy
redress
property
damage
inflicted
state
officers
avoids
conclusion
constitutional
deprivation
property
without
due
process
law
within
meaning
fourteenth
amendment
point
benefit
additional
safeguard
individual
affected
society
terms
increased
assurance
action
may
outweighed
cost
mathews
eldridge
think
point
reached
case
view
low
incidence
abuse
openness
schools
safeguards
already
exist
risk
error
may
result
violation
schoolchild
substantive
rights
regarded
minimal
imposing
additional
administrative
safeguards
constitutional
requirement
might
reduce
risk
marginally
also
entail
significant
intrusion
area
primary
educational
responsibility
emphasis
supplied
iv
application
principles
recited
case
leads
us
conclude
respondent
alleged
violation
due
process
clause
fourteenth
amendment
although
deprived
property
color
state
law
deprivation
occur
result
established
state
procedure
indeed
deprivation
occurred
result
unauthorized
failure
agents
state
follow
established
state
procedure
contention
procedures
inadequate
contention
practicable
state
provide
predeprivation
hearing
moreover
state
nebraska
provided
respondent
means
receive
redress
deprivation
state
provides
remedy
persons
believe
suffered
tortious
loss
hands
state
see
neb
rev
stat
et
seq
tort
claims
procedure
state
hears
pays
claims
prisoners
housed
penal
institutions
procedure
existence
time
loss
question
respondent
use
argued
state
adequately
protect
respondent
interests
provides
action
state
opposed
individual
employees
contains
provisions
punitive
damages
right
trial
jury
although
state
remedies
may
provide
respondent
relief
may
available
proceeded
mean
state
remedies
adequate
satisfy
requirements
due
process
remedies
provided
fully
compensated
respondent
property
loss
suffered
hold
sufficient
satisfy
requirements
due
process
decision
today
fully
consistent
prior
cases
accept
respondent
argument
conduct
state
officials
case
constituted
violation
fourteenth
amendment
almost
necessarily
result
turning
every
alleged
injury
may
inflicted
state
official
acting
color
law
violation
fourteenth
amendment
cognizable
hard
perceive
logical
stopping
place
line
reasoning
presumably
rationale
party
involved
nothing
automobile
accident
state
official
allege
constitutional
violation
reasoning
make
fourteenth
amendment
font
tort
law
superimposed
upon
whatever
systems
may
already
administered
paul
davis
think
drafters
fourteenth
amendment
intended
amendment
play
role
society
accordingly
judgment
appeals
reversed
footnotes
title
provides
pertinent
part
whoever
color
law
statute
ordinance
regulation
custom
willfully
subjects
inhabitant
state
territory
district
deprivation
rights
privileges
immunities
secured
protected
constitution
laws
shall
fined
imprisoned
one
year
death
results
shall
subject
imprisonment
term
years
life
emphasis
supplied
petitioners
argue
even
negligent
deprivation
respondent
property
occurred
evidence
record
negligence
part
merit
petitioners
arguments
petitioners
personally
involved
handling
packages
respondent
basic
allegation
appears
subordinates
petitioners
violated
established
procedures
properly
followed
ensured
proper
delivery
respondent
packages
past
refused
accept
actions
premised
theories
respondent
superior
monell
new
york
city
dept
social
services
rizzo
goode
hand
indication
record
petitioners
ever
raised
district
argument
loss
property
caused
negligence
certainly
district
consider
open
question
context
little
factual
development
trial
level
accept
purposes
opinion
district
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davis
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metropolitan
housing
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according
webster
new
international
dictionary
english
language
ed
deprive
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divest
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possessing
debar
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contexts
held
intent
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officials
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mccollan
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infra
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williams
kelley
cert
pending
bonner
coughlin
en
banc
cert
denied
harper
cserr
williams
vincent
jenkins
averett
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prasse
per
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davis
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favor
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policeman
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torts
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davis
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law
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thefts
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kent
prasse
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third
circuit
faced
claimed
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process
prison
officials
based
failure
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provide
tort
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negligence
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claim
validated
today
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defendants
arguably
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remedy
heart
one
constitutional
claim
defendant
suit
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state
lawmakers
immune
suit
see
tenney
brandhove
legislators
edelman
jordan
eleventh
amendment
bars
suits
federal
remedy
available
plaintiffs
substantive
due
process
claim
grounds
claim
exist
discuss
possibility
another
example
presented
case
hamilton
stover
cert
pending
filed
involving
collision
police
car
another
car
unpublished
order
sixth
circuit
affirmed
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policeman
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driving
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rights
hamilton
stover
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possess
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ohio
law
ohio
rev
code
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call
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remedies
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person
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law
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rutledge
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officer
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officials
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state
officials
necessarily
mean
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right
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laws
see
rochin
california
hall
tawney
corporal
punishment
students
may
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due
process
amounted
brutal
inhumane
abuse
official
power
literally
shocking
conscience
bellows
dainack
use
excessive
force
policeman
course
arrest
constitutes
deprivation
liberty
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due
process
see
kimbrough
en
banc
taking
intent
reckless
disregard
claimant
property
state
agent
violates
due
process
clause
fourteenth
amendment
actionable
section
carter
estelle
per
curiam
see
also
san
diego
gas
electric
san
diego
brennan
dissenting
property
taken
government
furtherance
public
use
government
entity
may
forced
pay
compensation
fifth
amendment
landowner
may
nevertheless
damages
cause
action
fourteenth
amendment
due
process
violation
section
enacted
one
statutes
intended
implement
fourteenth
amendment
many
years
remained
section
code
past
two
decades
however
resourceful
counsel
receptive
courts
extended
reach
vastly
statute
clearly
understood
commendable
purpose
longer
confined
deprivations
individual
rights
intended
result
become
major
vehicle
general
litigation
federal
courts
individuals
corporations
professor
christina
whitman
recently
addressed
expansion
comprehensive
assessment
arguable
pluses
minuses
see
whitman
constitutional
torts
rev
pluses
however
striking
escalation
suits
state
local
officials
augmented
suits
based
negligent
conduct
professor
whitman
noted
example
civil
rights
petitions
state
prisoners
federal
increased
cases
see
also
annual
report
director
administrative
office
courts
reporting
increase
number
societal
costs
using
statute
purpose
never
contemplated
high
indeed
first
existence
statutory
cause
action
means
every
expansion
constitutional
rights
increase
caseload
already
overburdened
federal
courts
increase
dilutes
ability
federal
courts
defend
significant
rights
second
every
expansion
displaces
state
lawmaking
authority
diverting
federal
courts
whitman
supra
justice
marshall
concurring
part
dissenting
part
join
opinion
insofar
holds
negligent
conduct
persons
acting
color
state
law
may
actionable
ante
also
agree
majority
cases
involving
claims
negligent
deprivation
property
without
due
process
law
availability
adequate
postdeprivation
cause
action
damages
state
law
may
preclude
finding
violation
fourteenth
amendment
part
company
majority
however
conclusion
adequate
remedy
available
respondent
case
disagreement
majority
shortcomings
nebraska
tort
claims
procedure
rather
problem
majority
application
legal
analysis
facts
case
significant
view
respondent
state
prisoner
whose
access
information
legal
rights
necessarily
limited
confinement
furthermore
claim
either
petitioners
officials
informed
respondent
seek
redress
alleged
deprivation
property
filing
action
nebraska
tort
claims
procedure
apparent
failure
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significance
light
fact
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pursued
complaint
missing
hobby
kit
prison
grievance
procedure
cases
believe
prison
officials
affirmative
obligation
inform
prisoner
claims
aggrieved
official
action
remedies
available
state
law
fail
permitted
rely
existence
remedies
adequate
alternatives
action
wrongful
deprivation
property
since
prison
officials
represent
respondent
informed
rights
state
law
join
judgment
case
thus
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agree
much
majority
reasoning
affirm
judgment
appeals
sure
state
remedies
afforded
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relief
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action
see
ante
nonetheless
agree
majority
sufficient
satisfy
requirements
due
process
ante
fact
prison
officials
raise
issue
availability
remedy
either
district
appeals
issue
first
presented
petition
rehearing
filed
appeals