United States Eighth Circuit

In a 42 U.S.C. section 1983 action alleging that plaintiff's constitutional rights were violated when defendant-city annexed his land and applied a city ordinance to prohibit fireworks from being sold on it, dismissal of all claims is affirmed where: 1) the court was barred from considering the merits of plaintiff's takings claim as he failed to exhaust adequate state remedies; 2) a due process claim over the annexation failed as plaintiff did not show that Arkansas lacks an adequate postdeprivation mechanism to provide him with just compensation for the alleged taking; 3) Younger abstention was appropriate on a Fourth Amendment claim; and 4) claims against other defendants failed as well.

Appellate Information

• Decided 01/23/2007
• Published 01/23/2007

Judges

• MURPHY, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kevin R. Holmes, argued, Alma, Arkansas (N. Donald Jenkins, Jr., on the brief), for appellant.


• For Appellees:
  
• Michael Mosley, argued, North Little Rock, Arkansas, for appellee.