Raymond E. Osloond v. Richard Mowell

1 F. App'x 571

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 9, 2001
• Docket: 00-2691
• Status: Unpublished

Opinion

PER CURIAM.

Raymond and Mary Osloond appeal from the district court’s 1 adverse grant of summary judgment in their 42 U.S.C. § 1983 action. The Osloonds claimed defendants conspired to deprive them of their property without due process and in violation of their Fourth Amendment rights, by seizing certain vehicles from a storage unit pursuant to a state court writ of execution, and later selling them at a sheriffs auction. Upon de novo review, we agree with the district court that the Os-loonds have failed to show defendants violated any federal statutory or constitutional right. See Johnson v. Outboard Marine Corp., 172 F.3d 531, 535-36 (8th Cir.1999) (standard of review; alleged facts or evidence must suggest violation of rights under Constitution or United States statutes as prerequisite to § 1983 liability). Because the seizure occurred under a valid writ of execution, and a post-deprivation remedy was available, there was no violation of the Fourth or Fourteenth Amendments. See id. at 536-37 (seizure was not unreasonable where sheriff erroneously seized third party’s boat located on property levied under valid writ of execution; post-deprivation hearing satisfied due process); S.D. Codified Laws § 15-18-31 (1984) (third party may claim ownership of levied property in trial by special jury).

Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The HONORABLE KAREN E. SCHREIER, United States District Judge for the District of South Dakota.