# Jerry W. Matthias and Kathryn A. Schurber v. Dallas H. Bingley, City of Houston

> Court of Appeals for the Fifth Circuit · July 26, 1990 · 906 F.2d 1047

URL: https://www.frixlaw.com/law-library/cases/9480499

## Case

- **Full name:** Jerry W. MATTHIAS and Kathryn A. Schurber, Plaintiffs-Appellees, v. Dallas H. BINGLEY, Et Al., Defendants, City of Houston, Defendant-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 26, 1990
- **Citations:** 906 F.2d 1047; 1990 U.S. App. LEXIS 12397; 1990 WL 94583
- **Precedential status:** Published
- **Opinion:** Concurrence by Jones
- **Judges:** Goldberg, Politz, Jones
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Modified on other grounds by Jerry W. Matthias and Kathryn A. Schurber v. Dallas H. Bingley, City of Houston, 915 F.2d 946 (1990).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9480499

## Opinion text

EDITH H. JONES, Circuit Judge,
specially concurring:
Unlike my colleagues, I do not find the applicable city regulations blatantly viola-tive of due process, nor am I confident that plaintiffs proved a municipal custom that consists essentially of ignoring the regulations and failing to give notice to lawful owners of property seized by the police. I am constrained to concur, however, solely because I read the Supreme Court’s recent decision in Zinermon v. Burch, — U.S. -, 110 S.Ct. 975 , 108 L.Ed.2d 100 (1990), as holding that we must take a hard look at accidental deprivations of liberty or property to determine whether additional procedural safeguards would have alleviated the problem. Although the majority’s prescriptions go too far in “safeguarding” the rights of those who in most cases will not be lawful owners of seized property, I agree that some minor adjustments of the city’s regulations would have protected the property of Matthias and Bingley. Under Zinermon , therefore, they are entitled to recover.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9480499. Public record. Not legal advice.