Brunson v. Rogers
Filing
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ORDER TO SHOW CAUSE by Hon. James P. Donohue. Show Cause Response due by 7/13/2017. (cc: plaintiff)(ST)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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KEVIN JOE BRUNSON,
Plaintiff,
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Case No. C17-759-JLR-JPD
v.
ORDER TO SHOW CAUSE
JAMES ROGER, Detective, Seattle Police
Department,
Defendant.
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Plaintiff Kevin Joe Brunson is currently confined at the King County Correctional
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Facility in Seattle, Washington. He has submitted to the Court for filing a civil rights complaint
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pursuant to 42 U.S.C. § 1983 in which he asserts that the defendant in this action, Seattle Police
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Detective James Roger, improperly seized property belonging to plaintiff which is unrelated to
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the investigation or prosecution of any felony offense. (Dkt. 1-1 at 3.) Plaintiff requests that his
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personal property be returned to him. (Id. at 4.)
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The Due Process Clause provides that no person shall be deprived of “life, liberty, or
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property, without due process of law.” U.S. Const. Amend. V. However, where a state
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employee’s random, unauthorized act deprives an individual of property, either negligently or
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intentionally, the individual is relegated to his state post-deprivation process, so long as the state
ORDER TO SHOW CAUSE - 1
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provides an adequate post-deprivation remedy. Hudson v. Palmer, 468 U.S. 517, 533 (1984);
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Parratt v. Taylor, 451 U.S. 527, 540-41 (1981), overruled on other grounds by Daniels v.
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Williams, 474 U.S. 327 (1986). Washington State provides a post-deprivation remedy for the
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alleged tortious conduct of city and county employees under RCW 4.96. Thus, any claims
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pertaining to the loss of plaintiff’s personal property are not cognizable in this action.
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Accordingly, the Court hereby ORDERS as follows:
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(1)
Plaintiff shall SHOW CAUSE not later than thirty (30) days from the date on which
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this Order is signed why this action should not be dismissed pursuant to 28 U.S.C.
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§ 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
(2)
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The Clerk shall send copies of this Order to plaintiff and to the Honorable James L.
Robart.
DATED this 13th day of June, 2017.
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JAMES P. DONOHUE
Chief United States Magistrate Judge
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ORDER TO SHOW CAUSE - 2
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