Ernest Allen v. City of Kinloch, 763 F.2d 335 (8th Cir. 1985). · Go Syfert
Ernest Allen v. City of Kinloch, 763 F.2d 335 (8th Cir. 1985). Cases Citing This Book View Copy Cite
“in missouri, a person claiming the right to possession of personal property wrongfully detained by another may bring an action in replevin.”
53 citation events (32 in the last 25 years) across 10 distinct courts.
Strongest positive: Brown v. Deputy Divison Director (moed, 2024-07-22)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Brown v. Deputy Divison Director
E.D. Mo. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in missouri, a person claiming the right to possession of personal property wrongfully detained by another may bring an action in replevin.
cited Cited as authority (rule) Peet v. City of Sikeston
E.D. Mo. · 2025 · confidence medium
Allen v City of Kinlock, 763 F.2d 335, 336-37 (8th Cir. 1985).
discussed Cited as authority (rule) Gunn v. Stearns
D.S.D. · 2025 · confidence medium
City of Kinloch, 763 F.2d 335, 336 (8th Cir. 1985) (stating that due process only requires the plaintiff to “have had, at a meaningful time and in a meaningful manner, an opportunity to challenge the seizure of his property”).
discussed Cited as authority (rule) Soto-Elliott v. State of Nebraska
D. Neb. · 2025 · confidence medium
Due process requires that Plaintiff “have had, at a meaningful time and in a meaningful manner, an opportunity to challenge the seizure of his property.” Allen v. City of Kinloch, 763 F.2d 335, 336 (8th Cir. 1985) (citing Mathews v. Eldridge, 424 U.S. 319, 333 (1976)).
discussed Cited as authority (rule) Howe v. Nebraska Dept of Corrections
D. Neb. · 2023 · confidence medium
See Hudson v. Palmer, 468 U.S. 517 , 530–33 (1984) (if deprivation of property by prison officials is intentional and state provides adequate post-deprivation remedy, there is no due-process violation); Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under state law); Rush v. Weber, No. 4:07CV3182, 2008 WL 2568264 , at *4 (D.
discussed Cited as authority (rule) Washington v. Goplin
D. Neb. · 2022 · confidence medium
Dist., 375 F.3d 698 , 702 (8th Cir. 2004) (“When a state employee’s unauthorized, random acts deprive a person of property, the state employee’s acts do not violate the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is available.” (internal quotation marks and citations omitted)); Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obt…
discussed Cited as authority (rule) Robinson v. Case Manager Russell Van Langen
D. Neb. · 2022 · confidence medium
Dist., 375 F.3d 698 , 702 (8th Cir. 2004) (“When a state employee’s unauthorized, random acts deprive a person of property, the state employee’s acts do not violate the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is available.” (internal quotation marks and citations omitted)); Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obt…
discussed Cited as authority (rule) Fields v. State (2×) also: Cited "see, e.g."
La. · 1998 · confidence medium
DeFranks v. Mayor and City Council of Ocean City, 777 F.2d 185 (4th Cir.1985) (Predeprivation hearing not required prior to towing and impounding a vehicle which did not display a required parking permit regardless of whether the owner in fact had such a permit.); Breath v. Cronvich, 729 F.2d 1006, 1010 (5th Cir.), cert. denied, 469 U.S. 934 , 105 S.Ct. 332 , 83 L.Ed.2d 268 (1984) ("[I]t is clear that prior notice and hearing is not required to tow illegally parked cars." ); Sutton v. City of Milwaukee, 672 F.2d 644, 646 (7th Cir.1982) (Even where the illegally parked vehicle does not present …
cited Cited as authority (rule) Mitchell v. Village of Edmundson
Mo. Ct. App. · 1995 · confidence medium
Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir.1985).
cited Cited as authority (rule) Boyle v. City of Liberty, Mo.
W.D. Mo. · 1993 · confidence medium
Allen v. Kinloch, 763 F.2d 335, 337 (8th Cir.), cert. denied, 474 U.S. 946 , 106 S.Ct. 313 , 88 L.Ed.2d 289 (1985).
discussed Cited as authority (rule) Gary Rheuport and Harry Saddoris v. Robert Ferguson, Ronald Woods Don Sandelin Easter Lake Estates, Inc. Marlys Watson. Gary Rheuport and Harry Saddoris v. Ronald Woods, Don Sandelin, and Easter Lake Estates, Inc., Marlys Watson and Robert Ferguson. Gary Rheuport and Harry Saddoris v. Ronald Woods, Don Sandelin Easter Lake Estates, Inc., and Robert Ferguson, Marlys Watson
8th Cir. · 1987 · signal: cf. · confidence medium
Cf. Allen v. City of Kinloch, 763 F.2d 335, 336 (8th Cir.) (constitutional question was how much process was due; answer was "at a meaningful time and in a meaningful manner, an opportunity to challenge" property seizure; state remedies provided that opportunity) (citing McCollan, Hudson, Parratt, and Mathews v. Eldridge, 424 U.S. 319, 333 , 96 S.Ct. 893, 902 , 47 L.Ed.2d 18 (1976)), cert. denied, --- U.S. ----, 106 S.Ct. 313 , 88 L.Ed.2d 289 (1985). 25 The plaintiffs argue, however, that at the eviction proceedings they had no notice they would be deprived of the use of their trailer home, bu…
discussed Cited as authority (rule) Rheuport v. Ferguson
8th Cir. · 1987 · signal: cf. · confidence medium
Cf. Allen v. City of Kinloch, 763 F.2d 335, 336 (8th Cir.) (constitutional question was how much process was due; answer was "at a meaningful time and in a meaningful manner, an opportunity to challenge" property seizure; state remedies provided that opportunity) (citing McCollan, Hudson, Parratt, and Mathews v. Eldridge, 424 U.S. 319, 333 , 96 S.Ct. 893, 902 , 47 L.Ed.2d 18 (1976)), cert. denied, - U.S. -, 106 S.Ct. 313 , 88 L.Ed.2d 289 (1985).
discussed Cited as authority (rule) Sylvester Jones v. J. Martin Hadican
6th Cir. · 1985 · confidence medium
See Parratt v. Taylor, supra; Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (Missouri post-deprivation remedies are adequate). 5 For these reasons, this panel unanimously agrees that oral argument is not necessary in this appeal.
discussed Cited "see" Norman Lee Gunn v. Kipp Stearns
D.S.D. · 2026 · signal: see · confidence high
As this Court noted during screening, to show a violation of the Fourteenth Amendment right to due process, “Gunn must prove (1) the deprivation of a constitutionally protected liberty interest, and (2) the denial of adequate procedural protections.” Id. at 14; see Allen v. City of Kinloch, 763 F.2d 335, 336 (8th Cir. 1985) (stating that due process only requires the plaintiff to “have had, at a meaningful time and in a meaningful manner, an opportunity to challenge the seizure of his property”).
discussed Cited "see" Winston v. Edwards
E.D. Mo. · 2020 · signal: see · confidence high
See Orebaugh v. Caspari, 910 F.2d 526, 527 (8th Cir. 1990) (taking did not violate due process because Missouri inmate had adequate post-deprivation remedy), Allen v. City of Kinloch, 763 F.2d 335 , 336–37 (8th Cir. 1985) (concluding Missouri replevin law was an adequate post-deprivation remedy to recover property, and explaining “where a random and unauthorized act by a state employee results in a tortious taking of private property, due process is satisfied if state tort law provides a meaningful post-deprivation remedy.”).
cited Cited "see" Laney Harris v. City of Texarkana
8th Cir. · 2015 · signal: see · confidence high
See Allen v. City of Kinloch, 763 F.2d 335, 336 (8th Cir.1985).
discussed Cited "see" Clark v. Kansas City Missouri School District
8th Cir. · 2004 · signal: see · confidence high
P. 99.01; see Allen v. City of Kinloch, 763 F.2d 335, 336-37 (8th Cir.1985) (concluding Missouri replevin law was an adequate postdeprivation remedy to recover property, and explaining "where a random and unauthorized act by a state employee results in a tortious taking of private property, due process is satisfied if state tort law provides a meaningful post-deprivation remedy").
discussed Cited "see" Clark v. Kansas City Missouri School District
8th Cir. · 2004 · signal: see · confidence high
P. 99.01; see Allen v. City of Kinloch, 763 F.2d 335, 336-37 (8th Cir.1985) (concluding Missouri replevin law was an adequate postdeprivation remedy to recover property, and explaining “where a random and unauthorized act by a state employee results in a tortious taking of private property, due process is satisfied if state tort law provides a meaningful post-deprivation remedy”).
discussed Cited "see" Davis v. Dahmm
W.D. Ark. · 1991 · signal: see · confidence high
See Allen v. City of Kinloch, 763 F.2d 335 (8th Cir.1985); Breath v. Cronvich, 729 F.2d 1006 (5th Cir.), cert. denied, 469 U.S. 934 , 105 S.Ct. 332 , 83 L.Ed.2d 268 (1984); Sutton v. City of Milwaukee, 672 F.2d 644 (7th Cir.1982).
discussed Cited "see, e.g." Shannon J. Rollins v. K. Goggins, et al.
E.D. Mo. · 2026 · signal: see also · confidence medium
P. 99.01; see also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Murphy v. Crews
E.D. Mo. · 2025 · signal: see also · confidence medium
P. 99.01; see also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish a violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Majors v. Reeves
E.D. Mo. · 2025 · signal: see also · confidence medium
See also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Elliot v. St. Charles Department of Corrections
E.D. Mo. · 2025 · signal: see also · confidence medium
See also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Harmon v. Downing
E.D. Mo. · 2024 · signal: see also · confidence medium
P. 99.01; see also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Ware v. Keefe Commissary
E.D. Mo. · 2024 · signal: see also · confidence medium
See also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by 103715, at *9 (E.D.
discussed Cited "see, e.g." Whittaker v. St. Louis County Justice Center
E.D. Mo. · 2024 · signal: see also · confidence medium
See also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." McGinness v. Lester
E.D. Mo. · 2023 · signal: see also · confidence medium
See also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Porter v. Ludwick
E.D. Mo. · 2023 · signal: see also · confidence medium
P. 99.01; see also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Straub v. Sites
E.D. Mo. · 2022 · signal: see also · confidence medium
See also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Johnson v. Saint Louis City Justice Department
E.D. Mo. · 2022 · signal: see also · confidence medium
See also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Blakemore v. City of St. Louis
E.D. Mo. · 2021 · signal: see also · confidence medium
See also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Howard v. Precythe
E.D. Mo. · 2021 · signal: see also · confidence medium
See also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Simpson v. Stafford 887
E.D. Mo. · 2021 · signal: see also · confidence medium
P. 99.01; see also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Howard v. Precythe
E.D. Mo. · 2021 · signal: see also · confidence medium
See also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." O'Neal v. Hoskins
E.D. Mo. · 2019 · signal: see also · confidence medium
See also Allen v. City of Kinloch, 763 F.2d 335, 337 (8th Cir. 1985) (stating that plaintiff seeking return of personal property under 42 U.S.C. § 1983 failed to establish any violation of his constitutional rights because he could obtain adequate relief by filing a replevin action under Missouri law).
discussed Cited "see, e.g." Lee v. Ladd
Tenn. Ct. App. · 1992 · signal: see also · confidence low
See also Allen v. City of Kinloch, 763 F.2d 335 (8th Cir. 1985) (municipalities authorizing towing of illegally parked cars are not constitutionally required to establish predeprivation notice and hearing procedures); Cokinos v. District of Columbia, 728 F.2d 502 (D.C.Cir.1983) (motorist had no due process right to notice and hearing prior to towing of his illegally parked vehicle from a city street to a central lot).
Retrieving the full opinion text from the archive…
Ernest ALLEN, Appellee,
v.
CITY OF KINLOCH, Appellant
84-1399.
Court of Appeals for the Eighth Circuit.
May 31, 1985.
763 F.2d 335
Lloyd J. Jordan, St. Louis, Mo., for appellant., Louis S. Czech, Clayton, Mo., for appellee.
Arnold, Henley, Gibson.
Cited by 40 opinions  |  Published
[*336] HENLEY, Senior Circuit Judge.

The City of Kinloch appeals from the district court’s entry of judgment on a jury verdict awarding Ernest Allen $3,000.00 in compensatory damages on a civil rights claim he had brought against the city under 42 U.S.C. § 1983. For reasons to be stated, we reverse.

Allen’s claim, which alleged violation of his procedural due process rights, stemmed from an incident in which Kinloch police had had three of his trucks towed off property he owned or occupied. The trucks were towed on July 16, 1983, and were held by Ed Erp’s Automotive Center, apparently on instructions from the police department, until January, 1984. According to Allen, he received no hearing or pre-towing notice. Allen further alleged that Kinloch police had once without warning towed several of his son’s vehicles from the same premises, and had never returned them. Allen testified that on another occasion police had threatened to tow other of his trucks which he had parked on the property. Testimony elicited by Allen’s attorney indicated that tickets and twenty-four hour removal notices completed by police in connection with the towings had cited nonexistent ordinances and had referred to different trucks than those ultimately towed.

It is important to an understanding of the issues before us on appeal to clarify the nature of the claim Allen presented at trial. Allen presented little or no evidence regarding procedures the City normally afforded owners of towed vehicles; nor did he present rebuttal evidence when City officials testified that the City provided vehicle owners hearings in towing situations. [1] Instead, Allen’s evidence focused on how he and other members of his family had been treated by police, and whether the trucks had been parked on his property or on the City’s property. In short, as the jury instructions reveal, Allen’s claim, rather than being an attack on the facial validity of any established procedures or policies Kinloch might have had, was instead that police had abused their authority by arbitrarily seizing his trucks.

From a reading of the jury instructions, we assume the jury concluded that the towings had been improper, and that police had intentionally or knowingly exceeded their authority in arranging for the trucks to be towed. Nevertheless, “[njothing in the [Fourteenth] Amendment protects against all deprivations of life, liberty, or property by the State. The Fourteenth Amendment protects only against deprivations ‘without due process of law.’ ” Parratt v. Taylor, 451 U.S. 527, 537, 101 S.Ct. 1908, 1914, 68 L.Ed.2d 420 (1981), (quoting Baker v. McCollan, 443 U.S. 137, 145, 99 S.Ct. 2689, 2695, 61 L.Ed.2d 433 (1979)). The constitutional issue here is what process was due Allen. It appears settled that municipalities authorizing towing of illegally parked cars are not required by the Constitution to establish pre-deprivation notice and hearing procedures. Breath v. Cronvich, 729 F.2d 1006, 1010 (5th Cir.), cert. denied, — U.S.-, 105 S.Ct. 332, 83 L.Ed.2d 268 (1984); Sutton v. City of Milwaukee, 672 F.2d 644, 646 (7th Cir.1982). Further, given Allen’s essential claim here that the police department ordered the towings as a deliberate or reckless abuse of authority, the City could hardly be expected to have procedures in place which would automatically afford Allen a remedy. See Parratt v. Taylor, 451 U.S. 527, 541, 101 S.Ct. 1908, 1916, 68 L.Ed.2d 420 (1980); Hudson v. Palmer, — U.S.-, 104 S.Ct. 3194, 3203, 82 L.Ed.2d 393 (1984). Due process does require that Allen have had, at a meaningful time and in a meaningful manner, an opportunity to challenge the seizure of his property. Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 902, 47 L.Ed.2d 18 (1976). In this connection, however, the Supreme Court has held that, where a random and[*337] unauthorized act by a state employee results in a tortious taking of private property, due process is satisfied if state tort law provides a meaningful post-deprivation remedy. Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1980); Hudson v. Palmer, — U.S. -, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984). See also Hubenthal v. County of Winoma, 751 F.2d 243 (8th Cir.1984).

In Missouri, a person claiming the right to possession of personal property wrongfully detained by another may bring an action in replevin. Mo.R.Civ.P. 99.01 (1983). If the court or jury finds the plaintiff in such an action is entitled to possession of the property, a judgment issues for the return of the property or the value of the property (at the prevailing party’s option), and for damages assessed for the taking, detention or injury. Mo.R.Civ.P. 99.12. We see no reason to suppose Allen could not have obtained adequate relief for the taking of his trucks in a replevin action. Cf Hudson v. Palmer, 104 S.Ct. at 3204 (fact that § 1983 plaintiff might recover less in state tort action does not mean tort remedy is inadequate). Accordingly, we must hold that Allen failed to establish any violation of his constitutional rights.

In view of our disposition of this case, a “motion to strike” which the City filed following oral argument on this case is dismissed as moot. The judgment of the district court is reversed and the cause is remanded for entry of appropriate judgment.

1

. The mayor of Kinloch testified that hearings were afforded in towing situations. Several tickets which Allen admitted having received on the day of the towings were admitted into evidence; on them, the notation “7-26-83" appears in blocks captioned "court date." There is no indication that Allen appeared or sought to appear on July 26, 1983 or any other date.