Imperial Residential Design, Inc. v. Palms Development Group, Inc‪.‬

Collier County Sheriff Don Hunter and Captain L. Wayne Graham appeal from a judgment entered against them in their official capacities. That judgment followed a jury trial and was entered in favor of plaintiffs Morleys Auto Body, Inc., and David Solow, d/b/a Daves Towing. The main question presented in this 42 U.S.C. § 1983 case is whether two wrecker service companies, and their owners, had a constitutionally protected property interest in remaining on a wrecker rotation call list maintained by the Collier County Sheriffs Office. Because such property interests must be determined by reference to state law, and because we can find no Florida law to support their claim of entitlement, we hold that the plaintiffs have failed to establish that they had a property interest protected by the Due Process Clause of the Fourteenth Amendment. Therefore, we will reverse the judgment of the district court with respect to the procedural due process claim.