a TRO against demolition of the building and seeking to have the city return the demolition fund to the state circuit court.  Service of process, however, was not obtained in time to stop the demolition.  After the demolition, Koen was granted leave by the district court to file an amended complaint for damages resulting from the demolition.  Koen's amended complaint, which also added as a defendant Mayor Moss, in both his individual and official capacity, alleged five claims:  (1) that the demolition of the building constituted an unlawful confiscation and destruction of property in violation of the plaintiff's due process and equal protection rights;  (2) that the defendants by their actions deliberately discriminated against Koen and the other black citizens of Cairo onrate, whether the consent decree was entered in 1980 or 1973 is immaterial to this appeal, and for purposes of identification we will refer to the decree as the "1980 consent decree."


2
 On March 27, 1989, plaintiff also filed a complaint in United States district court seeking a TRO against demolition of the building and seeking to have the demolition fund released from the city back to the circuit court.  See infra.    Service of process, however, was not obtained in time to stop the demolition


3
 The district court noted that Koen did not dispute that the state circuit court's May 17 order was a final judgment.  Mem. Order at 11


4
 In Marrese v. American Academy of Orthopaedic Surgeons, 470 U.S. 373, 386, 105