Odem v. Odom

Case: 22-10908 Document: 00516778298 Page: 1 Date Filed: 06/07/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 22-10908 June 7, 2023
Summary Calendar
Lyle W. Cayce
____________
Clerk
Benny R. Odem, Jr.,
Plaintiff—Appellant,
versus
Frances M. Odom, Unit Property Officer; Kelly M. Brown, Unit
Property Officer; Samantha K. Sullivan, AD Review (Investigator 2),
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:20-CV-42
______________________________
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam: *
Benny Odem, Jr., an inmate incarcerated by the Texas Department of
Criminal Justice, appeals the district court’s dismissal with prejudice of his
complaint for failure to state a claim, under Federal Rule of Civil Procedure
12(b)(6).
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10908 Document: 00516778298 Page: 2 Date Filed: 06/07/2023
No. 22-10908
In his complaint, Odem alleged that three Texas Department of
Criminal Justice employees deprived him of due process, confiscated or
destroyed several items of his personal property, and did not properly handle
his grievance regarding the confiscation of his property. As the district court
determined, Texas provides an adequate post-deprivation remedy for loss of
property, so Odem’s property deprivation claim, even when taken as true,
fails to state a constitutional violation. Murphy v. Collins, 26 F.3d 541, 543-
44 (5th Cir. 1994). Odem also had no federally protected interest in having
his grievance resolved to his satisfaction. Hill v. Walker, 718 F. Appx. 243,
250 (5th Cir. 2018) (citing Geiger v. Jowers, 404 F.3d 371, 373-374 (5th Cir.
2005).
This court has carefully considered this appeal in light of the briefs
and pertinent portions of the record. Having found no reversible error, we
AFFIRM.
2