Filed: Oct. 13, 2004
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-2642 _ Charles Bausley, * * Appellant, * * v. * Appeal from the United States * District Court for the Kevin Dugan; Joe Spencer, * Western District of Arkansas. * Appellees. * [UNPUBLISHED] _ Submitted: October 1, 2004 Filed: October 13, 2004 _ Before MURPHY, FAGG, and SMITH, Circuit Judges. _ PER CURIAM. Charles Bausley appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 action claiming defendant jail personnel violated
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-2642 _ Charles Bausley, * * Appellant, * * v. * Appeal from the United States * District Court for the Kevin Dugan; Joe Spencer, * Western District of Arkansas. * Appellees. * [UNPUBLISHED] _ Submitted: October 1, 2004 Filed: October 13, 2004 _ Before MURPHY, FAGG, and SMITH, Circuit Judges. _ PER CURIAM. Charles Bausley appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 action claiming defendant jail personnel violated h..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 04-2642
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Charles Bausley, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Kevin Dugan; Joe Spencer, * Western District of Arkansas.
*
Appellees. * [UNPUBLISHED]
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Submitted: October 1, 2004
Filed: October 13, 2004
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Before MURPHY, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Charles Bausley appeals the district court’s1 dismissal of his 42 U.S.C. § 1983
action claiming defendant jail personnel violated his Fourth and Fourteenth
Amendment rights by searching his cell and seizing some of his possessions. Having
carefully reviewed the record, we conclude that dismissal was proper for the reasons
the district court stated. See Hudson v. Palmer,
468 U.S. 517, 525-36 (1984) (Fourth
1
The Honorable Jimm Larry Hendren, Chief Judge, United States District Court
for the Western District of Arkansas, adopting the report and recommendations of the
Honorable Beverly Stites Jones, United States Magistrate Judge for the Western
District of Arkansas.
Amendment has no applicability to prison cells; no due process violation in
unauthorized deprivation of prisoner’s property if adequate state postdeprivation
remedy exists); McQuillan v. Mercedes-Benz Credit Corp.,
961 S.W.2d 729, 732
(Ark. 1998) (state-law action for conversion is remedy for wrongful possession or
disposition of another’s property). Accordingly, we affirm. See 8th Cir. R. 47B.
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