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Ronnie Walters v. Carl Wolf; City of Hazelwood

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Submitted: June 15, 2011

Before MURPHY and SMITH, Circuit Judges, and READE, District Judge.*fn1

Ronnie Walters brought this 42 U.S.C. § 1983 action against the City of Hazelwood, Missouri, (“the City”) and Hazelwood Chief of Police Carl Wolf, alleging that they (1) deprived him of his property, namely a handgun and its ammunition, without due process of law, in violation of the Fifth and Fourteenth Amendments to the United States Constitution; and (2) through the same conduct, violated his right to keep and bear arms under the Second Amendment to the United States Constitution. The district court granted the City and Chief Wolf’s joint motion for summary judgment on both of Walters’s claims, reasoning that both defendants accorded Walters all the process to which he was entitled in the form of a post-deprivation state court replevin action and that the Second Amendment confers a right only to keep and bear arms generally, not a right to possess a particular firearm. For the reasons that follow, we reverse in part and remand for further proceedings. Specifically, we reverse the district court’s grant of summary judgment to the City and Chief Wolf on Walters’s procedural due-process claim.

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