Can a prisoner who alleges deprivation of liberty or property in violation of the Fourteenth Amendment, bring a post-deprivation claim?
MultiRegion, United States of America
The following excerpt is from Khalafala v. Unknown Emp. of Sacramento Police Dept., No. CIV S-11-2195 GGH P (E.D. Cal. 2012):
Generally, where a prisoner alleges the deprivation of a liberty or property interest in violation of the Fourteenth Amendment, caused by the unauthorized negligent or intentional action of a prison official, the prisoner cannot state a constitutional claim where the state provides an adequate post-deprivation remedy. See, e.g., Hudson v. Palmer, 468 U.S. at 533.
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