Zappa v. Gonzalez

Dist. Ct. did not err in granting defendants-police officials’ motion to dismiss plaintiffs’ section 1983 action alleging that defendants violated their 14^th Amendment rights by depriving them of their property, where: (1) defendant-officer phoned them and threatening to arrest them if they did not return disputed motorcycle to third-party; and (2) plaintiffs returned said motorcycle because of said phone call. Defendant had probable cause to believe that plaintiffs’ possession of motorcycle was unlawful, where prior to said phone call, officer visited third-party, who claimed that plaintiffs had driven off with disputed motorcycle, while paying for other, lower-priced motorcycle, and that all information on relevant paperwork indicated that plaintiffs did not have correct motorcycle. Fact that plaintiffs claimed that dispute with third-party concerned only mistaken delivery of motorcycle did not undermine fact that officer had probable cause to arrest plaintiffs when instant phone call was made.