United States Federal Circuit

A ruling that there was no compensable taking in the seizure of an innocent third party's property, which was never introduced as evidence in a criminal proceeding and was rendered worthless over the course of the proceedings, is affirmed where: 1) the government seized the goods pursuant to the police power and not for "public use" within the meaning of the Fifth Amendment; and 2) the innocence of the third party did not make the seizure of property under the police power a compensable taking.

Appellate Information

• Decided 05/01/2008
• Published 05/01/2008

Judges

• YOUNG, District Judge., Before MAYER and SCHALL, Circuit Judges, and YOUNG, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ronald J. Mann, Mitts Milavec, LLC, of Philadelphia, PA, argued for plaintiff-appellant.   With him on the brief was Maurice R. Mitts.


• For Appellees:
  
• Robert E. Chandler, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Jeanne E. Davidson, Director, and Deborah A. Bynum, Assistant Director.