United States Seventh Circuit

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Gates v. City of Chicago, 08-1455

In plaintiffs' suit challenging a city's policies governing the return of seized funds to those arrested by police officers, summary judgment for the city on plaintiffs' federal due process claims and dismissal of their state law restitution claims as moot are affirmed in part, vacated in part and remanded where: 1) summary judgment in favor of the city on the issue of notice sufficient to satisfy due process was premature given that the notice provided misleading and incomplete information and the district court erred in finding that no more than the initial Pollard mailing to the address listed on the inventory receipt was required for narcotics arrestees; 2) district court's summary judgment on the due process claims is vacated as, given the conflicts in the evidence and deficiencies in the city's legal justifications for shifting the burden to arrestees to demonstrate entitlement to their money at the conclusion of their criminal cases, the district court erred in entering judgment in favor of the city; and 3) district court correctly dismissed the restitution claims as moot as the city tendered the full amounts the plaintiffs requested in the restitution counts long before the plaintiffs even added these claims to their complaints.

Appellate Information

  • Argued 04/14/2009
  • Decided 09/27/2010
  • Published 09/27/2010

Judges

  • <a href="http://pview.findlaw.com/view/2013290_1">ROVNER</a>

Court

  • United States Seventh Circuit

Counsel