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183314P.pdf   12/27/2019  Darryl Lunon  v.  Kathy Botsford
   U.S. Court of Appeals Case No:  18-3314
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Loken, Author, with Colloton and Kobes, Circuit Judges] Civil case - Civil rights. In action alleging defendants denied plaintiff his Fourteenth Amendment right to procedural due process when they adopted out and spayed his dog without providing pre-deprivation notice and an opportunity to be heard, the Arkansas Supreme Court has held that affirmative pre-deprivation notice is not constitutionally required when a shelter holds a stray dog for more than five days and then adopts out and spays the dog after the owner fails to file a claim; plaintiff failed to prove that each individual defendant's conduct violated his right to procedural due process; to the extent the district court's order denied summary judgment to the individual defendants acting in their individual capacities, the order is reversed; the matter is remanded with directions to enter judgment dismissing those claims with prejudice. Judge Colloton, concurring in the judgment.