Brunson v. Rogers

Filing 7

ORDER TO SHOW CAUSE by Hon. James P. Donohue. Show Cause Response due by 7/13/2017. (cc: plaintiff)(ST)

1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8

KEVIN JOE BRUNSON,
Plaintiff,

9
10
11
12

Case No. C17-759-JLR-JPD

v.
ORDER TO SHOW CAUSE
JAMES ROGER, Detective, Seattle Police
Department,
Defendant.

13
14

Plaintiff Kevin Joe Brunson is currently confined at the King County Correctional

15

Facility in Seattle, Washington. He has submitted to the Court for filing a civil rights complaint

16

pursuant to 42 U.S.C. § 1983 in which he asserts that the defendant in this action, Seattle Police

17

Detective James Roger, improperly seized property belonging to plaintiff which is unrelated to

18

the investigation or prosecution of any felony offense. (Dkt. 1-1 at 3.) Plaintiff requests that his

19

personal property be returned to him. (Id. at 4.)

20

The Due Process Clause provides that no person shall be deprived of “life, liberty, or

21

property, without due process of law.” U.S. Const. Amend. V. However, where a state

22

employee’s random, unauthorized act deprives an individual of property, either negligently or

23

intentionally, the individual is relegated to his state post-deprivation process, so long as the state
ORDER TO SHOW CAUSE - 1

1

provides an adequate post-deprivation remedy. Hudson v. Palmer, 468 U.S. 517, 533 (1984);

2

Parratt v. Taylor, 451 U.S. 527, 540-41 (1981), overruled on other grounds by Daniels v.

3

Williams, 474 U.S. 327 (1986). Washington State provides a post-deprivation remedy for the

4

alleged tortious conduct of city and county employees under RCW 4.96. Thus, any claims

5

pertaining to the loss of plaintiff’s personal property are not cognizable in this action.

6

Accordingly, the Court hereby ORDERS as follows:

7

(1)

Plaintiff shall SHOW CAUSE not later than thirty (30) days from the date on which

8

this Order is signed why this action should not be dismissed pursuant to 28 U.S.C.

9

§ 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
(2)

10
11
12

The Clerk shall send copies of this Order to plaintiff and to the Honorable James L.

Robart.
DATED this 13th day of June, 2017.

A

13
14

JAMES P. DONOHUE
Chief United States Magistrate Judge

15
16
17
18
19
20
21
22
23
ORDER TO SHOW CAUSE - 2