United States First Circuit

In this case, a tornado struck the City of Springfield, Massachusetts, causing a great deal of damage to buildings in the downtown area, including those belonging to plaintiffs. Plaintiffs assert that the damage caused by the tornado did not, however, justify the City's response in razing the buildings without letting the owners show how the buildings could be saved. Plaintiffs allege that the City's decision violates federal due process. Judgment of the district court dismissing the federal suit under 42 U.S.C. section 1983 with prejudice and the pendent state law claims without prejudice is affirmed, where the demolition did not deprive the owners of their property in violation of the federal Constitution's guarantee of due process of law, as Massachusetts state law offers an adequate remedy for whatever wrongful loss the owners may have suffered in consequence of the City's actions.

Appellate Information

• Decided 12/23/2014
• Published 12/23/2014

Judges

• Barron

Court

• United States First Circuit

Counsel