Dist. Ct. did not err in granting defendant-prison mailroom official’s motion for summary judgment in section 1983 action alleging that defendant had denied plaintiff due process by destroying plaintiff’s property without prior notice after plaintiff had failed to remove his property from prison within 30 days after his release from prison as required under prison policy. Any failure to notify plaintiff of prison’s policy was not fault of instant defendant, and said defendant was not vicariously liable for any other prison official’s alleged mistake in failing to notify plaintiff of said policy. Moreover, plaintiff only had state-court action to seek recovery for any negligent destruction of his property, since any negligent bureaucratic error does not violate Due Process Clause.
Federal 7th Circuit Court
Civil Court
Prisoner