Marquez v. United States ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40231
Summary Calendar
CARLOS ARNULFO MARQUEZ,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA et al,
Defendants,
PRIMO JOEL GUZMAN, Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
UDC No. L-95-CV-92
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January 28, 1998
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Carlos Arnulfo Marquez, no. 54677-079, appeals the district
court’s dismissal with prejudice of his action brought pursuant
to Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971). Marquez complained that the
Government deprived him of his property without due process by
destroying his possessions in Government custody without giving
him prior notice. An intentional deprivation of property does
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-40231
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not offend due process if a meaningful post-deprivation remedy is
available. Hudson v. Palmer, 468 U.S. 517, 533 (1984). Texas
recognizes such a remedy. Myers v. Adams, 728 S.W.2d 771, 772
(Tex. 1987). Marquez should seek relief in the Texas state
courts and not under Bivens. See Hudson, 468 U.S. at 533; Myers,
728 S.W.2d at 772.
Although the district court dismissed Marquez’s action as
barred by the relevant statute of limitations, this court can and
does affirm on the above alternative basis. See Bickford v.
International Speedway Corp., 654 F.2d 1028, 1031 (5th Cir.
1981).
AFFIRMED.