Opinion

Reams v. Irvin

  • 561 F.3d 1258
  • 2009 U.S. App. LEXIS 5188
  • 2009 WL 579222
Court
Court of Appeals for the Eleventh Circuit
Filed
Mar 9, 2009
Status
Published
Author
Barkett
On the bench
Birch, Barkett, Korman
Cited by
48 cases

holding that no pre-deprivation 3 hearing was required before seizing malnourished horses because “the state’s interest in 4 preventing the inhumane treatment of animals is undeniably substantial and would be 5 significantly compromised if the state were to require a hearing before impounding malnourished 6 equines”

How later courts described this case

  • holding that no pre-deprivation 3 hearing was required before seizing malnourished horses because “the state’s interest in 4 preventing the inhumane treatment of animals is undeniably substantial and would be 5 significantly compromised if the state were to require a hearing before impounding malnourished 6 equines”
  • finding that statutory notice satisfied due process where plaintiff had “thirty days from the time of the impoundment to request a hearing . . . . this was ample time for [plaintiff] to consult publicly available documents, discover her right to a hearing, and exercise that right.”
  • holding that “the risk of an erroneous deprivation ... was relatively low” when a veterinarian and trained inspec tors observed conditions at a farm, concluded that donkeys and horses were in unsafe conditions, and removed the animals without a prior hearing
  • affirming the district court’s dismissal of procedural due process claims on the basis that post-deprivation judicial review in state court served as a "judicial safety valve,” foreclosing any procedural constitutional challenges

Written by the judges who cited it.

The opinion

BARKETT, Circuit Judge,

concurring specially:

I concur in the district court’s conclusion that summary judgment was appropriate for the defendants in this case. I agree that the district court was correct in finding that due process was satisfied by the availability of both administrative and state-court review. Because there is no constitutional violation in this case, those defendants sued in their individual capacities are also entitled to qualified immunity.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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