Filed: Apr. 23, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-30456 Summary Calendar _ JOSEPH ABSHIRE, Plaintiff-Appellee Cross-Appellant, versus PARISH OF IBERIA, Defendant-Appellant Cross-Appellee, and PARISH OF IBERIA, ET AL., Defendants. _ Appeal from the United States District Court for the Western District of Louisiana (91-CV-1792) _ April 2, 1996 Before JOLLY, JONES, and STEWART, Circuit Judges. PER CURIAM:* This case is governed by Williamson County Regional Planning Comm'n v. Ham
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-30456 Summary Calendar _ JOSEPH ABSHIRE, Plaintiff-Appellee Cross-Appellant, versus PARISH OF IBERIA, Defendant-Appellant Cross-Appellee, and PARISH OF IBERIA, ET AL., Defendants. _ Appeal from the United States District Court for the Western District of Louisiana (91-CV-1792) _ April 2, 1996 Before JOLLY, JONES, and STEWART, Circuit Judges. PER CURIAM:* This case is governed by Williamson County Regional Planning Comm'n v. Hami..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
____________________
No. 95-30456
Summary Calendar
____________________
JOSEPH ABSHIRE,
Plaintiff-Appellee Cross-Appellant,
versus
PARISH OF IBERIA,
Defendant-Appellant Cross-Appellee,
and
PARISH OF IBERIA, ET AL.,
Defendants.
_______________________________________________________________
Appeal from the United States District Court for the
Western District of Louisiana
(91-CV-1792)
_______________________________________________________________
April 2, 1996
Before JOLLY, JONES, and STEWART, Circuit Judges.
PER CURIAM:*
This case is governed by Williamson County Regional Planning Comm'n
v. Hamilton Bank,
473 U.S. 172,
105 S. Ct. 3108 (1985), and
controlling precedent of this circuit. Accordingly, we vacate the
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
judgment of the district court and remand with instructions to
dismiss.
Joseph Abshire, the appellee/cross-appellant, filed this 42
U.S.C. § 1983 action in federal court against the Parish of Iberia
(the "Parish") and various individual defendants. All defendants
except the Parish have been dismissed from the suit. Abshire
contends that the Parish, acting under color of state law,
destroyed trees on his property without due process of law or just
compensation in violation of the Fifth and Fourteenth Amendments of
the United States Constitution. Although he never sought
compensation under available state judicial procedures, Abshire
claims in his federal suit that the Parish violated Louisiana
Revised Statute 3:4278.1(A) and that he was entitled to treble
damages under that statute. The magistrate judge entered judgment
in favor of Abshire in the amount of $44,752.
We hold that the district court lacked jurisdiction over
Abshire's constitutional claim under the Takings Clause of the
Fifth Amendment because the claim is not ripe.
Williamson, 473
U.S. at 194-97; 105 S.Ct. at 3120-22; Liberty Mut. Ins. Co. v.
Louisiana Dep't of Ins.,
62 F.3d 115, 117-18 (5th Cir. 1995);
Samaad v. City of Dallas,
940 F.2d 925, 933-35 (5th Cir. 1991). No
constitutional violation occurs until just compensation has been
denied.
Id. Abshire never resorted to available state judicial
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remedies for just compensation; hence, we reject his Takings Clause
claim as unripe.
Id. In addition, we note that Abshire has never
contended that state remedies were inadequate or that resort to
them would have been futile. To the contrary, Abshire consistently
has relied upon the Louisiana statutory remedies in making his case
in federal court. Id.; see also La. Rev. Stat. Ann. 3:4278.1 (West
1995).
To the extent that Abshire is claiming a denial of procedural
due process under the Fourteenth Amendment, this claim too must
fail because Abshire has endorsed, not challenged, the state
deprivation remedy. Liberty Mut.
Ins., 62 F.3d at 118.
There being no violation of a constitutional right cognizable
under 42 U.S.C. § 1983, we VACATE the district court's judgment and
REMAND with instructions to dismiss all federal claims. Any
supplemental state claims may be dismissed, in the district court's
discretion, pursuant to 28 U.S.C. § 1367(c)(3).
VACATED and REMANDED with instructions.
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