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James Edward Hoefling, Jr.v.City of Miami, et al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-12482
DecidedJanuary 25, 2016
Reporter811 F.3d 1271
JudgesCircuit Judges Jordan and Julie Carnes, and Judge Richard W. Goldberg (U.S. Court of International Trade, sitting by designation); Jordan authored
Tags
CivilConstitutional LawDue ProcessSection 1983Property LawSummary JudgmentReversalRemand
Case Summary

James Hoefling alleged that Miami officials seized and destroyed his sailboat without legal authority or adequate notice, and he sued the city and officers under § 1983, maritime law, and state law. The district court dismissed his second amended complaint. The Eleventh Circuit held that the district court applied an outdated heightened-pleading rule and could not treat disputed incident reports as true where the operative complaint did not adopt them. It affirmed dismissal of the substantive-due-process claim but reversed dismissal of the other claims, including procedural-due-process, Fourth Amendment, maritime, and takings claims. On remand, the district court must assess those claims without relying on the disputed report statements and accept the allegations that the sailboat was not derelict and Hoefling received no adequate notice; it may also need to address whether state compensation remedies affect the physical-taking claim.

Opinion

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