Butler v. Castro

896 F.2d 698, 1990 U.S. App. LEXIS 2508, 1990 WL 15452
CourtCourt of Appeals for the Second Circuit
DecidedFebruary 20, 1990
DocketNo. 495, Docket 89-2067
StatusPublished
Cited by91 cases

This text of 896 F.2d 698 (Butler v. Castro) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butler v. Castro, 896 F.2d 698, 1990 U.S. App. LEXIS 2508, 1990 WL 15452 (2d Cir. 1990).

Opinion

WINTER, Circuit Judge:

This appeal raises questions concerning the procedures followed by the City of New York in disposing of items seized during an arrest. Plaintiff Jake Butler’s complaint alleges that defendants, in violation of 42 U.S.C. § 1983, sold his automobile and disposed of certain other items without notifying him of the procedures for reclaiming seized property. The complaint was dismissed by the district court on the ground that state law provides an adequate post-deprivation remedy. It is true that the actual procedures followed by the City with regard to the disposition of seized items are constitutionally valid. However, these procedures are not in the municipal code, and the pertinent municipal ordinance misleads affected persons as to what those procedures are and how they are to be invoked. We therefore reverse.

BACKGROUND

Butler’s pro se complaint was dismissed for failure to state a claim, and we therefore accept the allegations in the complaint and its accompanying materials as true. See Hughes v. Rowe, 449 U.S. 5, 9-10, 101 S.Ct. 173, 175-76, 66 L.Ed.2d 163 (1980) (per curiam); Cameron v. Fogarty, 705 F.2d 676, 678 (2d Cir.1983).

Butler was arrested in New York City on January 28, 1985, and is currently incarcerated after a conviction on narcotics charges brought pursuant to that arrest. At the time of his arrest Butler was in or near his automobile, a 1976 Chevrolet Nova. Police officers seized the car, as well as several personal items in his possession, including a briefcase, a wallet with personal photographs, a key chain, various office supplies, and eight design drawings of buildings and vessels alleged to be of considerable value.

After his conviction, Butler made several attempts to reclaim his property. On June 6, 1986, he mailed a “Complaint To Recover Property” to the state court in which he had been convicted, naming the Property Clerk of the City of New York as a defendant, identifying the items taken, and demanding that they be returned to him or surrendered to his designee. The court advised him to contact the Legal Aid Society or Prisoners’ Legal Services of New York for assistance. Butler wrote to those agencies, but they informed him that they did not have the resources to help him.

Butler also inquired of the Bronx District Attorney’s Office and the New York City Police Department regarding the whereabouts of his property. Early in his attempts to recover his property Butler had, by a “power of attorney,” authorized an acquaintance, Benedict Singh, to help him in his inquiries. Although Singh apparently was able to recover Butler’s wallet and certain other papers, Butler’s and Singh’s efforts were otherwise unavailing. Butler eventually did ascertain, however, that his automobile was sold by the Police Department on August 24, 1986.

Much of the dispute in the instant matter concerns whether Butler received a voucher for the property seized at the time of his arrest. Although arrestees are supposed to be given such a voucher as a routine matter, Butler claims that he did not receive a voucher. This allegation is seemingly contradicted by the recitation of a voucher number in his “power of attorney” authorizing Singh to proceed on his behalf, a copy of which was appended to his complaint. Butler’s counsel explained at oral argument, however, that, long after the arrest, through the efforts of his trial attorney, Butler obtained a photocopy of only the front side of a voucher describing his automobile, a voucher he insists was never given to him. Given that the complaint is pro se and that this is an appeal from a judgment of dismissal, we accept that explanation as an allegation. See Cameron, 705 F.2d at 678. That he received only a copy of the front side of a voucher is the principal basis of Butler’s claim because the only notice available to arrestees concerning recovery procedures is printed on the reverse side of the voucher form. The receipt or non-receipt of both sides of a voucher is thus crucial to the issue of notice to Butler of the procedures to be followed in recovering his property.

On July 23, 1987, Butler’s pro se complaint was filed. That day, Chief Judge [700]*700Brieant dismissed the complaint without prejudice before defendants had answered because, under Hudson v. Palmer, 468 U.S. 517, 533, 104 S.Ct. 3194, 3203-04, 82 L.Ed.2d 393 (1984), and Parratt v. Taylor, 451 U.S. 527, 542-44, 101 S.Ct. 1908, 1916-17, 68 L.Ed.2d 420 (1981), overruled in part on other grounds, Daniels v. Williams, 474 U.S. 327, 330-31, 106 S.Ct. 662, 664-65, 88 L.Ed.2d 662 (1986), the existence of an adequate post-deprivation remedy in the state courts, specifically an action under Section 9 of the New York Court of Claims Act, precluded an action under Section 1983. On appeal, we remanded the case without reaching the merits, directing that the City defendants respond to the complaint. See Butler v. Castro, No. 87-2349 (2d Cir. Nov. 12, 1987).

Butler’s case was then reassigned to Judge Sprizzo. After the City had filed an answer and moved to dismiss the complaint under Fed.R.Civ.P. 12(c), Judge Sprizzo dismissed with prejudice, on essentially the same grounds as Chief Judge Brieant, except that he stated in his oral opinion that the general tort remedy of replevin was also an adequate post-deprivation remedy under New York law. Butler appealed pro se, and we granted his request for the assignment of counsel.

DISCUSSION

Butler argues that under Parratt an adequate post-deprivation remedy is a defense to a Section 1983 due process claim only where the deprivation is random and unauthorized. We agree. In Sullivan v. Town of Salem, 805 F.2d 81 (2d Cir.1986), we held that the existence of independent state relief does not defeat a Section 1983 claim where the deprivation complained of results from the operation of established state procedures. In Sullivan we stated that “Parratt and its progeny, which apply only to random, unauthorized conduct, are simply inapposite” to suits seeking redress of harms inflicted “pursuant to town policy.” Id. at 86; see also Anderson v. City of New York, 611 F.Supp. 481, 491-92 (S.D.N.Y.1985) (municipal defendants’ failure to implement and monitor procedures governing the return of photographs and fingerprints was a “systemic failure” supporting Section 1983 action regardless of availability of state law remedy); Allman v. Coughlin, 577 F.Supp. 1440, 1447 (S.D.N.Y.1984) (claim that plaintiffs’ loss resulted from inadequate training and supervision of correctional personnel stated basis for Section 1983 relief despite possibility of state law relief).

Butler’s counsel relies upon two theories to distinguish Parratt.

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Bluebook (online)
896 F.2d 698, 1990 U.S. App. LEXIS 2508, 1990 WL 15452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-castro-ca2-1990.