730 F.2d 466 | 6th Cir. | 1984
ORDER DENYING PETITION FOR REHEARING EN BANC
In this case in which the District Court awarded $850 as damages for the lost rental value of a trailer seized for evidentiary purposes following a homicide, the plaintiff has moved for a rehearing en banc of 721 F.2d 1062 on the grounds that we mischaracterized his section 1983 claim as relating only to procedural due process rather than, as he now alleges, the prohibition contained in the fifth amendment against takings without just compensation. We note that plaintiff did not make this contention with any clarity or precision in his initial presentation of the case to this court. Notwithstanding this failure, we have fully considered the argument contained in plaintiffs en banc papers and are constrained to deny plaintiffs petition for rehearing en banc.
The “taking” clause of the fifth amendment has commonly been viewed as a limitation on government. Here the plaintiff has sued not the government but two individuals for damages in connection with the detention of property. It has not sued the state or a state agency for a taking “for public use.”
. The relevant clause of the amendment states: "Nor shall private property be taken for public use, without just compensation.” (Emphasis added.)