United States Seventh Circuit

In a 42 U.S.C. section 1983 action arising from the seizure of certain of plaintiffs' property under Illinois' Drug Asset Forfeiture Procedure Act (DAFPA), dismissal of the action is reversed and remanded where the circuit court recognizes that it is a violation of due process not to have a post-seizure/pre-forfeiture hearing given the length of time which can result between the seizure of property and the opportunity for an owner to contest the seizure under DAFPA.

Appellate Information

• Argued 01/11/2008
• Decided 05/02/2008
• Published 05/02/2008

Judges

• EVANS, Circuit Judge., Before BAUER, POSNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Thomas Peters (argued), Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Benna R, Solomon, Julian Henriques (argued), Kerrie Maloney Laytin, Office of the Corporation Counsel, Appeals Division, Chicago, IL, for Defendant-Appellee, City of Chicago., Kerrie Maloney Laytin, Office of the Corporation Counsel, Appeals Division, Chicago, IL, for Defendant-Appellee, Philip Cline., Paul A. Castiglione (argued), John P. Heil, Jr., Office of the Cook County State's Attorney, Chicago, IL, for Defendant-Appellee, Richard A. Devine.