60
Opinion of the Court
the removal of the Soldals' trailer did not constitute a seizure for purposes of the Fourth Amendment or a deprivation of due process for purposes of the Fourteenth.
On rehearing, a majority of the Seventh Circuit, sitting en banc, reaffirmed the panel decision.4 Acknowledging that what had occurred was a "seizure" in the literal sense of the word, the court reasoned that, because it was not made in the course of public law enforcement and because it did not invade the Soldals' privacy, it was not a seizure as contemplated by the Fourth Amendment. 942 F. 2d 1073, 1076 (1991). Interpreting prior cases of this Court, the Seventh Circuit concluded that, absent interference with privacy or liberty, a "pure deprivation of property" is not cognizable under the Fourth Amendment. Id., at 1078-1079. Rather, petitioners' property interests were protected only by the Due Process Clauses of the Fifth and Fourteenth Amendments.5
We granted certiorari to consider whether the seizure and removal of the Soldals' trailer home implicated their Fourth Amendment rights, 503 U. S. 918 (1992), and now reverse.6
4 The court reiterated the panel's conclusion that a conspiracy must be assumed on the state of the record and, therefore, that the case must be treated in its current posture "as if the deputy sheriffs themselves seized the trailer, disconnected it from the utilities, and towed it away." 942 F. 2d 1073, 1075 (1991).
5 The court noted that, in light of the existence of adequate judicial remedies under state law, a claim for deprivation of property without due process of law was unlikely to succeed. Id., at 1075-1076. See Parratt v. Taylor, 451 U. S. 527 (1981). In any event, the Soldals did not claim a violation of their procedural rights. As noted, the Seventh Circuit also held that respondents had not violated the Soldals' substantive due process rights under the Fourteenth Amendment. Petitioners assert that this was error, but in view of our disposition of the case we need not address the question at this time.
6 Under 42 U. S. C. § 1983, the Soldals were required to establish that the respondents, acting under color of state law, deprived them of a constitutional right, in this instance, their Fourth and Fourteenth Amendment freedom from unreasonable seizures by the State. See Monroe v. Pape,
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