A city razed a building without notice. The city appeals judgment against it on the plaintiff's Fourteenth Amendment procedural due process claim and a Fourth Amendment unreasonable search and seizure claim. Because the plaintiff failed to argue that the post-deprivation remedies available to it were procedurally inadequate, its claims are limited to an attack on the city's determination that the structure presented a public emergency requiring summary abatement. The due process jury instructions gave the erroneous impression that the reasonableness determination depended entirely on whether an emergency actually existed and the result of the due process inquiry affects the outcome of the Fourth Amendment claim. The district court's judgment is vacated and remanded. 5th U.S. Circuit Court of Appeals, No. 11-50626, 04-23-2013.
Rbill L.P v. City of San Antonio
April 26, 2013