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McIntyre v. Portee

United States Court of Appeals, Fourth Circuit
Feb 27, 1986
784 F.2d 566 (4th Cir. 1986)

Summary

finding that South Carolina's claim and delivery statute provides an adequate post-deprivation remedy to state prisoners that satisfies due process requirements

Summary of this case from Simmons v. Green

Opinion

No. 82-6158.

Argued January 8, 1986.

Decided February 27, 1986.

Henry E. Grimball (Thomas J. Keaveny, II, Charleston, S.C., on brief), for appellant.

Larry C. Batson, Enoree, S.C. (Robert E. Peterson, S.C. Dept. of Corrections, on brief), for appellees.

Appeal from the United States District Court for the District of South Carolina.

Before WINTER, Chief Judge and SPROUSE and CHAPMAN, Circuit Judges.


George McIntyre, a South Carolina prisoner, brought this 42 U.S.C. § 1983 (1982) action, alleging negligent loss of his personal property. He sought damages and named various employees of the South Carolina Department of Corrections as defendants. The district court granted the defendants' motion for summary judgment and McIntyre appeals. We affirm.

In October 1980, McIntyre was involved in an altercation with another inmate at the Walden Correctional Institution. Pending the resolution of the resulting disciplinary charges, McIntyre was temporarily transferred to Watkins Prerelease Center. Before McIntyre left Walden, corrections officials seized and inventoried his personal property. He signed a statement that the inventory was correct. The prison officials then sealed the box containing McIntyre's property and placed it in storage. A few weeks later, McIntyre was permanently transferred to the Central Correctional Institution and was driven to Walden to pick up his possessions. According to McIntyre, he noticed that the seal on the box was broken and asked if all his property was still in the box. After being told that all his property was there, McIntyre signed an inventory form. Upon a later examination of the box's contents, however, McIntyre discovered that many items were missing, including a cassette deck and tapes and a set of drafting tools. McIntyre attempted to secure redress through Department of Corrections administrative procedures, but his claim was denied.

Following the administrative denial, McIntyre brought this § 1983 action in the district court. After cross-motions for summary judgment were filed, the case was referred to a magistrate. Finding no violation of McIntyre's constitutional rights, the magistrate recommended granting summary judgment in favor of the defendants. McIntyre filed objections to portions of the magistrate's report, but, after a review of the record, the district court adopted the magistrate's report and granted the defendants' motion for summary judgment.

Even at the time of the district court's actions, McIntyre would not have been entitled to maintain a § 1983 action, because there would have been no due process violation. He could have instituted a civil action in the state courts for the recovery of his personal property under section 15-69-10 et seq. of the South Carolina Code. Such an action would have provided a post-deprivation remedy sufficient to satisfy due process requirements. Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), overruled on other grounds, Daniels v. Williams, ___ U.S. ___, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986). Contrary to McIntyre's assertion, any recovery would not have been barred by the doctrine of sovereign immunity. State officials are not immune from liability for ministerial acts performed contrary to their duties. Long v. Seabrook, 260 S.C. 562, 197 S.E.2d 659 (1973); Milligan v. South Carolina Department of Highways, 283 S.C. 59, 320 S.E.2d 505 (S.C.App. 1984). The correctional officers' acts relating to McIntyre's possessions were purely ministerial. McIntyre does not allege any specific facts which would support an inference that the defendants failed to carry out their assigned duties.

The Supreme Court in Daniels v. Williams, ___ U.S. ___, 106 S.Ct. 662, has now, however, rendered the Parratt issue academic. It held that "the Due Process Clause is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty or property." Id., ___ U.S. at ___, 106 S.Ct. at 663. McIntyre alleges nothing more than negligence on the part of the corrections officials resulting in an unintended loss of his personal property. Thus, McIntyre was not "deprived" of any right in the constitutional sense.

In view of the above, and finding no merit in McIntyre's other arguments, the judgment of the district court is affirmed.

AFFIRMED.


Summaries of

McIntyre v. Portee

United States Court of Appeals, Fourth Circuit
Feb 27, 1986
784 F.2d 566 (4th Cir. 1986)

finding that South Carolina's claim and delivery statute provides an adequate post-deprivation remedy to state prisoners that satisfies due process requirements

Summary of this case from Simmons v. Green

finding that South Carolina's claim and delivery statute provides an adequate post-deprivation remedy to state prisoners that satisfies due process requirements

Summary of this case from Simmons v. Green

finding that a state prisoner's allegation that prison officials unintentionally lost his property was mere negligence and did not implicate the Due Process Clause

Summary of this case from Simmons v. Green

finding South Carolina's post-deprivation remedy under S.C. Code Ann. § 15-69-10, et seq. sufficiently satisfies due process requirements.

Summary of this case from Law v. Dorsey

finding South Carolina's post-deprivation remedy under S.C. Code Ann. § 15-69-10, et seq. sufficient to satisfy due process requirements

Summary of this case from Law v. Dorsey

finding South Carolina's postdeprivation remedy under S.C. Code Ann. § 15-69-10 et seq. sufficient to satisfy due process requirements

Summary of this case from Mosley v. Scarcella

concluding the plaintiff was not entitled to maintain a § 1983 action for loss of his personal property because "he could have instituted a civil action in the state courts [of South Carolina] for the recovery of his personal property"

Summary of this case from Samuel v. Ozmint

affirming district court's grant of summary judgment to defendants on the plaintiff's § 1983 claim for negligent loss of his personal property because the plaintiff "was not `deprived' of any right in the constitutional sense"

Summary of this case from Samuel v. Ozmint

In McIntyre, the Fourth Circuit determined that S.C. Code Ann. § 15-69-10 provides a "post-deprivation remedy sufficient to satisfy due process requirements."

Summary of this case from Buchanan v. Byars
Case details for

McIntyre v. Portee

Case Details

Full title:GEORGE McINTYRE, APPELLANT v. WILLIE PORTEE, WARDEN OF WALDEN; DOROTHY…

Court:United States Court of Appeals, Fourth Circuit

Date published: Feb 27, 1986

Citations

784 F.2d 566 (4th Cir. 1986)

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