Parratt v. Taylor
In Parratt v. Taylor, 451 U.S. 527 (1981), the Court held that an inmate's loss of property (a $23 hobby kit), through the negligence of a prison guard, was not actionable under Section 1983 where the state tort claims procedures supplied the due process of law requirement under the Constitution.
- I ... do not understand the Court to intimate that the sole content of the Due Process Clause is procedural regularity. I continue to believe that there are certain governmental actions that, even if undertaken with a full panoply of procedural protection, are, in and of themselves, antithetical to fundamental notions of due process.
- Most importantly, I do not understand the Court to suggest that the provision of "postdeprivation remedies" ... within a state system would cure the unconstitutional nature of a state official's intentional act that deprives a person of property.