Does destruction of a property by the Department of Justice constitute an unwarranted seizure under the Fourth Amendment?

MultiRegion, United States of America

The following excerpt is from Bergquist v. County of Cochise, 806 F.2d 1364 (9th Cir. 1986):

The Bergquists also argue that the destruction of their property constituted an unwarranted seizure under the fourth amendment, and violated their fourteenth amendment right to substantive due process. The appellees argue that the due process claim is barred by Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), which held that property deprivations by state officials do not constitute deprivations of due process when they are procedurally random and unauthorized (making it impracticable for the state to provide adequate predeprivation process), and the state provides adequate post-deprivation remedies.

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