United States Seventh Circuit

In a defendant's motion seeking restitution from the government of the value of the missing property, which he claimed to be $9,995, district court's denial of the motion on the ground that Rule 41(g) does not authorize monetary relief in criminal cases is vacated and remanded to enable defendant to amend his complaint to add Bivens and section 1983 claims as when a district court conducting a Rule 41(g) proceeding learns that the government no longer possesses property that is the subject of the motion to return, the court should grant the movant an opportunity to assert an alternative claim for money damages by converting a motion for civil relief in a criminal case into a civil complaint, and the amendment relates back to the date of the filing of the original complaint.

Appellate Information

• Decided 04/20/2010
• Published 04/20/2010

Judges

• POSNER, Circuit Judge., Before POSNER, MANION, and HAMILTON, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Larry W. Norwood, Talladega, AL, pro se.


• For Appellees:
  
• Patrick J. Chesley, Attorney, Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee.