Pat S. Holloway v. Judge Dee Brown Walker, et al.

Summary

The Fifth Circuit affirmed summary judgment dismissing claims under 42 U.S.C. § 1983 arising from an alleged conspiracy involving a state judge, opposing litigants, attorneys, and a receiver. The court held that the alleged deprivation of property through judicial bias constituted a procedural due process claim subject to the Parratt/Hudson doctrine, and that Texas appellate procedures provided an adequate postdeprivation remedy. The court also upheld dismissal of the pendent state-law claims.

Holdings

1. The alleged deprivation resulting from unauthorized, allegedly corrupt acts by a state judge and other participants was a random and unauthorized deprivation for which the available state appellate remedy supplied the process due. The plaintiffs therefore failed to state a procedural due process claim under § 1983.
2. The alleged conspiracy and denial of an impartial tribunal did not state a substantive due process claim. The right to an impartial judge is procedural rather than substantive, so characterizing the claim as a substantive due process claim could not avoid Parratt and Hudson.
3. The district court did not abuse its discretion by dismissing the pendent state-law claims after disposing of the federal claims before trial.

Questions Presented

1. Whether the alleged deprivation of property through a conspiracy involving a biased state-court judge constituted a procedural due process violation notwithstanding the availability of state appellate review.
2. Whether the alleged denial of an impartial and fair trial constituted a substantive due process violation outside the scope of Parratt and Hudson.
3. Whether the district court abused its discretion by dismissing the pendent state-law claims after granting summary judgment on the federal claims.

Disposition

affirmed