NORMAN ALLEN GIBSON, PLAINTIFF-APPELLANT,
v.
CITY OF SEATTLE (WASHINGTON), DEPARTMENT OF POLICE ET AL., DEFENDANTS-APPELLEES
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The court held that a municipality is not a 'person' under the Civil Rights Act, but individual defendants can be sued for property seizure under the Act.
Plaintiff alleged defendants seized personal property without cause under color of state law. The district court dismissed the action against all defe…
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PER CURIAM:
We affirm in part and reverse in part a judgment dismissing an action brought pursuant to the Civil Rights Act, 42 U.S. C. § 1983.
The action alleges that the defendants seized and confiscated certain items of plaintiff’s personal property without cause but under color of state law. The district court dismissed the action as to all defendants.
The dismissal of the City of Seattle is affirmed, as that municipal defendant is not a “person” under the Civil Rights Act. Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961).
With regard to the individual defendants, the district, court held that the Act did not apply to property rights and that therefore it lacked jurisdiction. Subsequent to that determination, the Supreme Court in Lynch v. Household Finance Corp., 405 U.S. 538, 92 S.Ct. 1113, 31 L.Ed.2d 424 (1972), held that property rights as well as personal liberties are within the protection of the Civil Rights Act.
The district court dismissed the action relative to the individual defendants for the additional reason that the plaintiff had a state cause of action for common law conversion. The denial of federal jurisdiction upon that ground was rejected in Monroe v. Pape, supra.
The judgment with regard to the City of Seattle is affirmed. It is reversed with regard to the individual defendants.
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Citator
Cited By
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Bonner v. Coughlin, 517 F.2d 1311 (7th Cir. 1975)
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Mafu Inada v. Sgt. Richard Sullivan, 523 F.2d 485 (7th Cir. 1975)
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Jorden v. Metro. Utils. Dist., 498 F.2d 514 (8th Cir. 1974)
Authorities Cited
- Monroe v. Pape, 365 U.S. 167 (U.S. 1961)
- Lynch v. Household Fin. Corp., 405 U.S. 538 (U.S. 1972)