daniels
williams
argued
november
decided
january
petitioner
brought
action
federal
district
seeking
recover
damages
injuries
allegedly
sustained
inmate
richmond
virginia
jail
slipped
pillow
negligently
left
stairway
respondent
sheriff
deputy
petitioner
contends
negligence
deprived
liberty
interest
freedom
bodily
injury
without
due
process
law
within
meaning
due
process
clause
fourteenth
amendment
district
granted
respondent
motion
summary
judgment
appeals
affirmed
held
due
process
clause
implicated
state
official
negligent
act
causing
unintended
loss
injury
life
liberty
property
pp
due
process
clause
intended
secure
individual
abuse
power
government
officials
far
abuse
power
lack
due
care
respondent
alleged
negligence
suggests
failure
measure
conduct
reasonable
person
hold
injury
caused
conduct
deprivation
within
meaning
due
process
clause
trivialize
principle
due
process
law
parratt
taylor
overruled
extent
otherwise
pp
constitution
purport
supplant
traditional
tort
law
laying
rules
conduct
regulate
liability
injuries
attend
living
together
society
due
process
clause
speaks
facets
relationship
jailers
inmates
protections
triggered
lack
due
care
jailers
jailers
may
owe
special
duty
care
state
tort
law
custody
due
process
clause
embrace
tort
law
concept
pp
rehnquist
delivered
opinion
burger
brennan
white
powell
joined
marshall
concurred
result
blackmun
post
stevens
post
filed
opinions
concurring
judgment
stephen
allan
saltzburg
argued
cause
filed
briefs
petitioner
james
walter
hopper
argued
cause
filed
brief
respondent
justice
rehnquist
delivered
opinion
parratt
taylor
state
prisoner
sued
claiming
prison
officials
negligently
deprived
property
without
due
process
law
deciding
contains
independent
requirement
concluded
although
petitioner
deprived
property
within
meaning
due
process
clause
fourteenth
amendment
state
postdeprivation
tort
remedy
provided
process
due
petitioner
claim
case
also
rests
alleged
fourteenth
amendment
deprivation
caused
negligent
conduct
prison
official
leads
us
reconsider
statement
parratt
alleged
loss
even
though
negligently
caused
amounted
deprivation
conclude
due
process
clause
simply
implicated
negligent
act
official
causing
unintended
loss
injury
life
liberty
property
action
petitioner
seeks
recover
damages
back
ankle
injuries
allegedly
sustained
fell
prison
stairway
claims
inmate
city
jail
richmond
virginia
slipped
pillow
negligently
left
stairs
respondent
correctional
deputy
stationed
jail
respondent
negligence
argument
runs
deprived
petitioner
liberty
interest
freedom
bodily
injury
see
ingraham
wright
respondent
maintains
entitled
defense
sovereign
immunity
state
tort
suit
petitioner
without
adequate
state
remedy
cf
hudson
palmer
accordingly
deprivation
liberty
without
due
process
law
district
granted
respondent
motion
summary
judgment
panel
appeals
fourth
circuit
affirmed
concluding
even
respondent
make
immunity
defense
state
petitioner
deprived
meaningful
opportunity
present
case
rehearing
en
banc
appeals
affirmed
judgment
district
reasoning
different
panel
first
majority
ruled
negligent
infliction
bodily
injury
unlike
negligent
loss
property
parratt
constitute
deprivation
interest
protected
due
process
clause
majority
therefore
believed
postdeprivation
process
mandated
parratt
property
losses
required
second
en
banc
unanimously
decided
even
prisoner
entitled
remedy
personal
injuries
attributable
negligence
state
officials
parratt
bar
petitioner
claim
state
provided
adequate
postdeprivation
remedy
finally
majority
concluded
petitioner
adequate
remedy
state
even
though
respondent
asserted
rely
sovereign
immunity
defense
state
suit
majority
apparently
believed
respondent
sovereign
immunity
defense
fail
virginia
law
inconsistent
approaches
taken
lower
courts
determining
tortious
conduct
state
officials
rises
level
constitutional
tort
see
jackson
joliet
white
dissenting
denial
certiorari
collecting
cases
apparent
lack
adequate
guidance
granted
certiorari
affirm
parratt
taylor
granted
certiorari
twice
decide
whether
mere
negligence
support
claim
relief
examining
language
legislative
history
prior
interpretations
statute
concluded
unlike
like
criminal
counterpart
contains
requirement
independent
necessary
state
violation
underlying
constitutional
right
adhere
conclusion
given
suit
plaintiff
must
still
prove
violation
underlying
constitutional
right
depending
right
merely
negligent
conduct
may
enough
state
claim
see
arlington
heights
metropolitan
housing
dev
invidious
discriminatory
purpose
required
claim
racial
discrimination
equal
protection
clause
estelle
gamble
deliberate
indifference
prisoner
serious
illness
injury
sufficient
constitute
cruel
unusual
punishment
eighth
amendment
parratt
concluding
nebraska
tort
remedy
provided
process
due
said
loss
prisoner
hobby
kit
even
though
negligently
caused
amounted
deprivation
due
process
clause
justice
powell
concurring
result
criticized
majority
pass
ing
important
question
state
mind
required
constitute
deprivation
property
argued
negligent
acts
state
officials
though
causing
loss
property
actionable
due
process
clause
justice
powell
mere
negligence
wor
deprivation
constitutional
sense
emphasis
original
word
deprive
due
process
clause
connote
negligent
act
open
federal
courts
lawsuits
affirmative
abuse
power
see
also
stewart
concurring
hold
kind
loss
deprivation
property
within
meaning
fourteenth
amendment
seems
trivialize
grossly
distort
meaning
intent
constitution
upon
reflection
agree
overrule
parratt
extent
mere
lack
due
care
state
official
may
deprive
individual
life
liberty
property
fourteenth
amendment
due
process
clause
fourteenth
amendment
provides
shall
state
deprive
person
life
liberty
property
without
due
process
law
historically
guarantee
due
process
applied
deliberate
decisions
government
officials
deprive
person
life
liberty
property
davidson
new
orleans
assessment
real
estate
rochin
california
stomach
pumping
bell
burson
suspension
driver
license
ingraham
wright
paddling
student
hudson
palmer
intentional
destruction
inmate
property
decision
parratt
supported
view
negligent
conduct
state
official
even
though
causing
injury
constitutes
deprivation
due
process
clause
history
reflects
traditional
notion
due
process
clause
like
forebear
magna
carta
see
corwin
doctrine
due
process
law
civil
war
harv
rev
intended
secure
individual
arbitrary
exercise
powers
government
hurtado
california
quoting
bank
columbia
okely
wheat
see
also
wolff
mcdonnell
touchstone
due
process
protection
individual
arbitrary
action
government
dent
west
virginia
parratt
supra
powell
concurring
result
requiring
government
follow
appropriate
procedures
agents
decide
deprive
person
life
liberty
property
due
process
clause
promotes
fairness
decisions
barring
certain
government
actions
regardless
fairness
procedures
used
implement
rochin
supra
serves
prevent
governmental
power
used
purposes
oppression
murray
lessee
hoboken
land
improvement
discussing
due
process
clause
fifth
amendment
think
actions
prison
custodians
leaving
pillow
prison
stairs
mislaying
inmate
property
quite
remote
concerns
discussed
far
abuse
power
lack
due
care
suggests
failure
measure
conduct
reasonable
person
hold
injury
caused
conduct
deprivation
within
meaning
fourteenth
amendment
trivialize
principle
due
process
law
fourteenth
amendment
part
constitution
generally
designed
allocate
governing
authority
among
branches
federal
government
government
secure
certain
individual
rights
state
federal
government
dealing
claim
document
creates
right
prisoners
sue
government
official
negligently
created
unsafe
condition
prison
bear
mind
chief
justice
marshall
admonition
must
never
forget
constitution
expounding
mcculloch
maryland
wheat
emphasis
original
constitution
deals
large
concerns
governors
governed
purport
supplant
traditional
tort
law
laying
rules
conduct
regulate
liability
injuries
attend
living
together
society
previously
rejected
reasoning
make
fourteenth
amendment
font
tort
law
upon
whatever
systems
may
already
administered
paul
davis
quoted
parratt
taylor
tie
facts
case
anything
governmental
nature
fact
respondent
sheriff
deputy
richmond
city
jail
petitioner
inmate
confined
jail
due
process
clause
fourteenth
amendment
obviously
speaks
facets
relationship
see
wolff
mcdonnell
supra
believe
protections
triggered
lack
due
care
prison
officials
medical
malpractice
become
constitutional
violation
merely
victim
prisoner
estelle
gamble
false
imprisonment
become
violation
fourteenth
amendment
merely
defendant
state
official
baker
mccollan
government
official
act
causing
injury
life
liberty
property
merely
negligent
procedure
compensation
constitutionally
required
parratt
supra
powell
concurring
result
emphasis
added
injuries
inflicted
governmental
negligence
addressed
constitution
say
may
raise
significant
legal
concerns
lead
creation
protectible
legal
interests
enactment
tort
claim
statutes
example
reflects
view
injuries
caused
negligence
generally
redressed
reflection
either
breadth
constitution
importance
traditional
tort
law
say
address
concerns
support
claim
negligent
conduct
give
rise
due
process
deprivation
petitioner
makes
several
arguments
none
find
persuasive
example
almost
certain
negligence
claims
within
cites
example
failure
state
comply
procedural
requirements
wolff
mcdonnell
supra
depriving
inmate
credit
think
relevant
action
prison
officials
situation
deliberate
decision
deprive
inmate
credit
hypothetically
negligent
failure
accord
procedural
protections
due
process
clause
need
rule
possibility
constitutional
provisions
violated
mere
lack
care
order
hold
conduct
implicate
due
process
clause
fourteenth
amendment
petitioner
also
suggests
artful
litigants
undeterred
requirement
plead
mere
negligence
often
able
allege
sufficient
facts
support
claim
intentional
deprivation
instant
case
example
petitioner
notes
alleged
pillow
left
stairs
intention
harming
invitation
artful
pleading
petitioner
contends
engender
sticky
needless
disputes
fairly
pleaded
requiring
complainants
allege
something
negligence
raise
serious
questions
negligence
intent
recklessness
gross
negligence
required
indeed
elusive
terms
mean
see
reply
brief
petitioner
terms
like
willful
wanton
reckless
gross
negligence
mean
left
finest
scholars
puzzled
even
accurate
petitioner
observations
carry
day
first
place
many
branches
law
abound
nice
distinctions
may
troublesome
thought
nonetheless
necessary
think
need
trouble
thought
view
depends
upon
differences
degree
whole
law
soon
civilized
leroy
fibre
chicago
holmes
partially
concurring
finally
citing
south
maryland
petitioner
argues
respondent
conduct
even
merely
negligent
breached
sheriff
special
duty
care
custody
reply
brief
petitioner
due
process
clause
petitioner
notes
intended
give
americans
least
protection
governmental
power
enjoyed
englishmen
power
crown
ingraham
wright
south
maryland
suggests
one
protection
right
recover
sheriff
breach
ministerial
duty
provide
safety
prisoners
custody
due
process
demands
state
protect
incarcerates
exercising
reasonable
care
assure
safety
compensating
negligently
inflicted
injury
disagree
read
south
maryland
supra
action
brought
federal
diversity
jurisdiction
maryland
sheriff
bond
stating
thought
principles
common
law
maryland
law
applicable
case
cast
terms
constitutional
law
indeed
since
time
rendered
due
process
clause
applicable
petitioner
citation
ingraham
wright
support
notion
duties
owed
government
actors
somehow
constitutionalized
fourteenth
amendment
jailers
may
owe
special
duty
care
custody
state
tort
law
see
restatement
second
torts
reasons
previously
stated
reject
contention
due
process
clause
fourteenth
amendment
embraces
tort
law
concept
petitioner
alleges
injured
negligence
respondent
custodial
official
city
jail
whatever
provisions
state
law
general
jurisprudence
may
rightly
invoke
fourteenth
amendment
constitution
afford
remedy
affirmed
footnotes
see
virginia
tort
claims
act
code
et
seq
applies
actions
accruing
july
hence
inapplicable
case
despite
claim
might
pleaded
petitioner
concedes
respondent
negligent
accordingly
case
affords
us
occasion
consider
whether
something
less
intentional
conduct
recklessness
gross
negligence
enough
trigger
protections
due
process
clause
justice
blackmun
concurring
judgment
concur
judgment
see
opinion
dissent
davidson
cannon
post
justice
stevens
concurring
judgments
two
prisoners
raise
similar
claims
two
cases
seek
recover
personal
injuries
suffered
part
allege
negligence
state
officials
characterize
injuries
deprivations
liberty
invoke
basis
claims
prisoner
roy
daniels
injured
slipped
newspaper
pillows
left
stairway
virginia
jail
incarcerated
alleges
state
negligence
presence
objects
stairs
prisoner
robert
davidson
suffered
injury
attacked
another
inmate
new
jersey
prison
incarcerated
alleges
proved
trial
state
negligence
failure
prison
authorities
prevent
assault
written
note
expressing
apprehension
inmate
ultimately
assaulted
agree
majority
petitioners
prevail
agree
however
necessary
either
redefine
meaning
deprive
fourteenth
amendment
repudiate
reasoning
parratt
taylor
support
conclusion
begin
identifying
precise
constitutional
claims
petitioners
advanced
enough
note
rely
due
process
clause
fourteenth
amendment
clause
source
three
different
kinds
constitutional
protection
first
incorporates
specific
protections
defined
bill
rights
thus
state
well
federal
government
must
comply
commands
first
eighth
amendments
state
must
respect
guarantees
fourth
fifth
sixth
amendments
second
contains
substantive
component
sometimes
referred
substantive
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process
bars
certain
arbitrary
government
actions
regardless
fairness
procedures
used
implement
ante
third
guarantee
fair
procedure
sometimes
referred
procedural
due
process
state
may
execute
imprison
fine
defendant
without
giving
fair
trial
may
take
property
without
providing
appropriate
procedural
safeguards
type
fourteenth
amendment
interest
implicated
important
effects
nature
constitutional
claim
availability
relief
claim
first
category
violation
one
specific
constitutional
guarantees
bill
rights
plaintiff
may
invoke
regardless
availability
state
remedy
explained
monroe
pape
conclusion
derives
fact
statute
ku
klux
act
intended
provide
federal
remedy
violation
federal
constitutional
right
thus
fourth
amendment
violated
pape
provision
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remedy
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statute
similarly
claim
second
category
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component
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process
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plaintiff
may
also
invoke
regardless
availability
state
remedy
category
less
provisions
bill
rights
federal
constitution
prohibits
state
taking
certain
actions
regardless
fairness
procedures
used
implement
constitutional
violation
complete
soon
prohibited
action
taken
independent
federal
remedy
authorized
language
legislative
history
claim
third
category
procedural
due
process
claim
fundamentally
different
case
deprivation
may
entirely
legitimate
state
may
every
right
discharge
teacher
punish
student
state
may
nevertheless
violate
constitution
failing
provide
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procedural
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duty
provide
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procedures
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citizen
opportunity
try
prevent
deprivation
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deprivation
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state
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act
state
may
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provide
appropriate
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procedural
due
process
claim
deprivation
property
liberty
unconstitutional
deprivation
property
liberty
without
due
process
law
without
adequate
procedures
thus
even
though
state
may
every
right
deprive
person
property
liberty
individual
may
nevertheless
able
allege
valid
due
process
claim
perhaps
predeprivation
hearing
must
held
state
procedure
fundamentally
flawed
even
though
deprivation
may
unauthorized
procedural
due
process
claim
may
raised
challenges
state
procedures
preventing
redressing
deprivation
however
complaint
state
valid
procedural
due
process
objection
valid
claim
include
challenge
fundamental
fairness
state
procedures
consequence
predeprivation
hearing
clearly
feasible
regime
state
tort
law
provides
constitutionally
unobjectionable
system
recovery
deprivation
property
liberty
challenge
state
procedures
valid
claim
stated
unlike
cases
two
categories
alleged
deprivation
violates
substantive
federal
right
procedural
due
process
claim
lacks
colorable
objection
validity
state
procedures
constitutional
violation
alleged
petitioners
claims
first
kind
neither
daniels
davidson
argues
prison
authorities
actions
violated
specific
constitutional
guarantees
incorporated
fourteenth
amendment
neither
claims
instance
rights
eighth
amendment
violated
similarly
believe
petitioners
raised
colorable
violation
substantive
due
process
rather
claims
third
kind
daniels
davidson
attack
validity
procedures
virginia
new
jersey
respectively
provide
prisoners
seek
redress
physical
injury
caused
negligence
corrections
officers
reject
claims
attempting
fashion
new
definition
term
deprivation
excluding
negligence
scope
serious
question
raised
presence
state
action
allegations
negligence
interest
freedom
bodily
harm
surely
qualifies
interest
liberty
thus
question
whether
negligence
state
actors
result
deprivation
deprivation
seems
identifies
actor
state
mind
victim
infringement
loss
harm
prisoner
whether
pillow
left
stair
negligently
recklessly
intentionally
harm
resulting
prisoner
attack
whether
request
protection
ignored
negligently
recklessly
deliberately
instance
prisoner
losing
deprived
aspect
liberty
result
part
form
state
action
thus
characterize
loss
deprivation
liberty
cases
raise
procedural
due
process
claims
however
also
necessary
examine
nature
petitioners
challenges
state
procedures
prevail
petitioners
must
demonstrate
state
procedures
redressing
injuries
kind
constitutionally
inadequate
petitioners
must
show
contain
defect
serious
characterize
procedures
fundamentally
unfair
defect
basic
forced
conclude
deprivation
occurred
without
due
process
daniels
claim
essentially
claim
rejected
parratt
appeals
fourth
circuit
determined
daniels
remedy
claimed
negligence
virginia
law
although
daniels
vigorously
argues
sovereign
immunity
defeated
claim
fourth
circuit
found
contrary
settled
practice
defer
courts
appeals
questions
state
law
true
parratt
involved
injury
property
daniels
case
involves
injury
liberty
cases
plaintiff
claimed
nothing
procedural
due
process
violation
cases
predeprivation
hearing
definitionally
impossible
cases
plaintiff
state
remedies
permitted
recovery
state
negligence
established
thus
straightforward
application
parratt
defeats
daniels
claim
davidson
claim
raises
question
specifically
addressed
parratt
according
third
circuit
state
remedy
available
new
jersey
statute
prohibits
prisoner
recovery
state
employees
injuries
inflicted
prisoners
thus
davidson
puts
question
whether
state
policy
noncompensability
certain
types
harm
state
action
may
play
role
renders
state
procedure
constitutionally
defective
judgment
state
policy
defeats
recovery
carry
consequence
aspects
state
tort
regime
defeat
recovery
constitutionally
invalid
long
fundamental
unfairness
operation
thus
defenses
contributory
negligence
statutes
limitations
may
defeat
recovery
particular
cases
without
raising
question
constitutionality
state
procedures
disposing
tort
litigation
similarly
judgment
mere
fact
state
elects
provide
agents
sovereign
immunity
defense
certain
cases
justify
conclusion
remedial
system
constitutionally
inadequate
reason
believe
due
process
clause
fourteenth
amendment
legislation
enacted
pursuant
amendment
construed
suggest
doctrine
sovereign
immunity
renders
state
procedure
fundamentally
unfair
davidson
challenge
fact
sovereign
immunity
challenged
difference
treatment
prisoner
assaulted
prisoner
nonprisoner
assaulted
prisoner
express
comment
fairness
differentiation
thus
although
believe
harms
alleged
daniels
proved
davidson
qualify
deprivations
liberty
persuaded
either
raised
violation
due
process
clause
fourteenth
amendment
therefore
concur
judgments
opinion
applies
also
davidson
cannon
et
post
shall
state
deprive
person
life
liberty
property
without
due
process
law
amdt
see
douglas
jeannette
see
robinson
california
see
mapp
ohio
see
malloy
hogan
right
protection
compelled
applies
benton
maryland
right
protection
double
jeopardy
applies
see
duncan
louisiana
right
jury
trial
applies
see
also
moore
east
cleveland
youngberg
romeo
see
groppi
leslie
oliver
see
fuentes
shevin
see
monroe
pape
action
fourth
amendment
violation
smith
wade
action
eighth
amendment
violation
see
generally
mcneese
board
education
supplementary
remedy
state
might
cf
parratt
taylor
blackmun
concurring
roe
wade
see
loudermill
cleveland
board
education
carey
piphus
goss
lopez
cf
groppi
supra
cf
logan
zimmerman
brush
postdeprivation
state
remedy
inadequate
challenge
state
system
baker
mccollan
stevens
dissenting
see
hudson
palmer
hen
deprivations
property
effected
random
unauthorized
conduct
state
employee
predeprivation
procedures
simply
impracticable
since
state
know
deprivations
occur
parratt
taylor
supra
see
davidson
explicitly
disavows
substantive
due
process
claim
see
brief
petitioner
etitioner
frames
claim
purely
terms
procedural
due
process
oral
argument
counsel
daniels
suggest
pursuing
substantive
due
process
claim
tr
oral
arg
however
appeals
viewed
daniels
claim
procedural
due
process
argument
see
claim
substantive
due
process
violation
daniels
dispute
characterization
petition
certiorari
brief
merits
event
extent
petitioners
arguments
special
obligations
prison
officials
may
read
substantive
due
process
claim
agree
ante
sheriff
special
duty
care
recognized
south
maryland
source
federal
constitution
circumstances
seems
substantive
constitutional
duties
prison
officials
prisoners
defined
eighth
amendment
substantive
due
process
cf
ex
rel
miller
twomey
analyzing
prison
officials
responsibilities
prevent
inmate
assaults
eighth
amendment
cert
denied
sub
nom
gutierrez
department
public
safety
illinois
respondents
davidson
raise
objection
one
sentence
brief
respondents
bare
reference
inadequate
mount
challenge
undisturbed
district
finding
state
action
see
haring
prosise
leroy
great
western
bishop
wood
propper
clark
borders
absurd
suggest
state
must
provide
hearing
determine
whether
corrections
officer
engage
negligent
conduct
martinez
california
held
california
immunity
statute
violate
due
process
clause
simply
operated
defeat
tort
claim
arising
state
law
fact
immunity
statute
give
rise
procedural
due
process
claim
course
mean
state
doctrine
sovereign
immunity
protect
conduct
violates
federal
constitutional
guarantee
obviously
see
martinez
supra
quoting
hampton
chicago
cert
denied