What is the basis for a claim that plaintiffs were denied a hearing to determine whether they were deprived of a hearing?

Finally, plaintiffs contend that they were deprived of procedural due process. We are not satisfied that plaintiffs properly raised this claim in the district court. In any event, the claim is without merit. Plaintiffs' claim is not that state procedures caused their injury, but that the defendants' failure to carry out their duties properly resulted in the loss. Even if defendants' actions were not viewed as mere negligence, the state has satisfied the requirements of procedural due process by providing a meaningful post deprivation remedy, the availability of a tort suit, for defendants' random, unanticipated acts. See Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981). Moreover, plaintiffs are not seeking damages because they did not receive a hearing; they are seeking damages for the defendants' failure to examine Great Western's financial solvency every year. There is no issue of procedural due process here. The decision of the district court is accordingly AFFIRMED. ²

* The Honorable Robert M. Takasugi, United States District Judge for the Central District of California, sitting by designation.