Opinion

United States v. Kevin Hartley

Court
Court of Appeals for the Eleventh Circuit
Filed
Aug 7, 2024
Status
Unpublished
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 30.4%

The opinion

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[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-13626

Non-Argument Calendar

____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

$219,970.00 IN UNITED STATES CURRENCY,

Defendant,

KEVIN HARTLEY,

Claimant-Appellant,

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2 Opinion of the Court 23-13626

YOLIMA A. HARTLEY,

Claimant.

____________________

Appeal from the United States District Court

for the Northern District of Georgia

D.C. Docket No. 1:21-cv-01844-LMM

____________________

Before ROSENBAUM, GRANT, and ANDERSON, Circuit Judges.

PER CURIAM:

Kevin Hartley, proceeding pro se, appeals the district court’s

order granting summary judgment in favor of the government in a

civil forfeiture action, proceeding under 21 U.S.C. § 881(a)(6) and

18 U.S.C. § 981(a)(1)(C), for $219,970.00 seized during a traffic stop

(“the Defendant Currency”). On appeal, Hartley first argues that

the district court erred in determining that he did not dispute the

legality of the traffic stop, because his statement in his deposition

that he did not change lanes and did not receive a citation for failure

to maintain his lane was sufficient to dispute Trooper Jordan En-

nis’s statements. Second, Hartley argues that the district court in-

correctly found that several material facts were not in dispute per-

taining to the facts supporting the forfeitability of the Defendant

Currency, and therefore the government could not demonstrate

that the Defendant Currency was linked to illegal activity. Finally,

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23-13626 Opinion of the Court 3

Hartley challenges the district court’s holding rejecting his argu-

ment that the record evidence showed that the government’s ac-

tions with respect to the notice of forfeiture constituted bad faith

or a disregard of his rights.

Because we write only for the parties who are already famil-

iar with the facts, we set out only such facts as are necessary to

understand this opinion.

I. The Traffic Stop and Inventory Search of the Car

We review de novo the district court’s grant of summary

judgment. Burton v. Tampa Hous. Auth., 271 F.3d 1274, 1276 (11th

Cir. 2001). Although pro se pleadings are held to less stringent

standards, issues not briefed on appeal by a pro se litigant are

deemed abandoned. Timson v. Sampson, 518 F.3d 870, 874 (11th Cir.

2008). We “may affirm for any reason supported by the record,

even if not relied upon by the district court.” Hill v. Emp. Benefits

Admin. Comm. of Mueller Grp. LLC, 971 F.3d 1321, 1325 (11th Cir.

2020) (quotation marks omitted).

Summary judgment is appropriate if the movant shows that

there is no genuine dispute as to any material fact and the movant

is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a);

Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). The party moving

for summary judgment has the initial burden of informing the dis-

trict court of the basis for its motion and identifying those portions

of the pleadings, depositions, answers to interrogatories, and ad-

missions on file, together with the affidavits, if any, which it be-

lieves demonstrate the absence of a genuine issue of material fact.

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4 Opinion of the Court 23-13626

Celotex Corp., 477 U.S. at 323. Once the moving party has properly

supported its motion for summary judgment, the burden shifts to

the nonmoving party to come forward with specific facts showing

that there is a genuine issue for trial. Matsushita Elec. Indus. Co. v.

Zenith Radio Corp., 475 U.S. 574, 587 (1986). A nonmoving party

may dispute a material fact through a declaration, which “must be

made on personal knowledge, set out facts that would be admissi-

ble in evidence, and show that the affiant or declarant is competent

to testify on the matters stated.” Fed. R. Civ. P. 56(c)(4).

Where the record taken as a whole could not lead a rational

trier of fact to find for the nonmoving party, there is no genuine

issue of material fact. Matsushita Elec. Indus. Co., 475 U.S. at 587.

“[T]he mere existence of some alleged factual dispute between the

parties will not defeat an otherwise properly supported motion for

summary judgment; the requirement is that there be no genuine is-

sue of material fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242,

247-48 (1986).

Although factual inferences must be viewed in a light most

favorable to the nonmoving party at summary judgment and pro se

complaints are entitled to liberal interpretation, a pro se litigant

does not escape the burden of establishing by sufficient evidence a

genuine dispute of material fact. Brown v. Crawford, 906 F.2d 667,

670 (11th Cir. 1990).

We will not reverse where an error was harmless. See Knight

through Kerr v. Miami-Dade Cnty., 856 F.3d 795, 807 (11th Cir. 2017).

A harmless error is one that does not affect a party’s substantial

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23-13626 Opinion of the Court 5

rights, and thus is not a basis for vacating or modifying that judg-

ment. Fed. R. Civ. P. 61. Accordingly, the appellant bears the bur-

den to show an error was not harmless. See Ermini v. Scott, 937 F.3d

1329, 1343 (11th Cir. 2019).

“Traffic stops qualify as seizures under the Fourth Amend-

ment.” United States v. Perkins, 348 F.3d 965, 969 (11th Cir. 2003).

“An automobile stop is thus subject to the constitutional impera-

tive that it not be ‘unreasonable’ under the circumstances.” Whren

v. United States, 517 U.S. 806, 810 (1996). As a general matter, the

decision to stop an automobile is reasonable where the police have

a reasonable suspicion that a traffic violation has occurred, that is,

“a particularized and objective basis for suspecting the particular

person stopped of breaking the law.” Heien v. North Carolina,

574 U.S. 54, 57, 60 (2014) (quotation marks omitted). “[T]he con-

stitutional reasonableness of traffic stops [does not depend] on the

actual motivations of the individual officers involved.” Whren,

517 U.S. at 813. Only legally obtained evidence may be used to

meet the government’s burden under the civil forfeiture standard.

One 1958 Plymouth Sedan v. Com. of Pa., 380 U.S. 693, 702 (1965).

Under Georgia law, “[w]henever any roadway has been di-

vided into two or more clearly marked lanes for traffic . . . [a] vehi-

cle shall be driven as nearly as practicable entirely within a single

lane and shall not be moved from such lane until the driver has first

ascertained that such movement can be made with safety.”

O.C.G.A. § 40-6-48(1).

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6 Opinion of the Court 23-13626

The Fourth Amendment generally requires a warrant before

the government can conduct a search of persons, houses, papers,

and effects. Oliver v. United States, 466 U.S. 170, 176‑78 (1984). The

Fourth Amendment affords motor vehicles somewhat less protec-

tion than other property. United States v. Wright, 588 F.2d 189,

193 n.4 (5th Cir. 1979). 1 For example, law enforcement may con-

duct a warrantless search of a vehicle if the vehicle is readily mobile

and law enforcement has probable cause to search it. United States

v. Lindsey, 482 F.3d 1285, 1293 (11th Cir. 2007).

Another exception to the Fourth Amendment’s warrant re-

quirement is “an inventory search of an arrestee’s personal prop-

erty to itemize its contents pursuant to standard inventory proce-

dures.” United States v. Wilson, 979 F.3d 889, 910 (11th Cir. 2020).

“The government carries the burden to show that the require-

ments of this exception were met.” Id. The subjective intent of the

officer as to the inventory search is irrelevant, as “the mere expec-

tation of uncovering evidence will not vitiate an otherwise valid

inventory search.” United States v. Bosby, 675 F.2d 1174, 1179 (11th

Cir. 1982). Georgia Department of Public Safety policy provides

an inventory search may be conducted “[w]henever a member ar-

rests the driver/owner of a vehicle and the arrest involuntarily sep-

arates the driver/owner from their vehicle, unless the vehicle is re-

leased to the control of a custodian designated by the driver/owner

1 In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc),

this Court adopted as binding precedent all of the decisions of the former Fifth

Circuit handed down prior to the close of business on September 30, 1981.

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23-13626 Opinion of the Court 7

at the time of the arrest.” Georgia Department of Public Safety

Policy Manual No. 17.06.4(G)(4).

An issue not raised on appeal will be deemed abandoned and

will only be addressed in extraordinary circumstances. United

States v. Campbell, 26 F.4th 860, 872-73 (11th Cir.) (en banc) (address-

ing abandonment in a criminal matter), cert. denied, 143 S. Ct.

95 (2022). A party fails to adequately brief a claim when he does

not plainly and prominently raise it, for instance by devoting a dis-

crete section of his argument to those claims. Sapuppo v. Allstate

Floridian Ins. Co., 739 F.3d 678, 680 (11th Cir. 2014). Abandonment

of a claim or issue can also occur when the passing references to it

are made in the “statement of the case” or “summary of the argu-

ment” sections, or when only passing references appear in the ar-

gument section of an opening brief, particularly when the refer-

ences are mere background to the appellant’s main arguments or

when they are buried within those arguments. Id. at 681-82.

Here, the district court did not err in determining that there

was no genuine issue of material fact as to the legality of the traffic

stop because Hartley did not dispute the facts supporting Ennis’s

decision to stop him, which demonstrated that Ennis had a reason-

able suspicion that a traffic violation occurred when he executed

the stop. See Heien, 574 U.S. at 57, 60. 2

2 To the extent the district court applied a higher burden by analyzing

whether Ennis had probable cause to execute the stop, rather than the lower

bar of reasonable suspicion, any such error is harmless because Hartley has

not alleged or shown that his substantial rights were affected by the district

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8 Opinion of the Court 23-13626

First, Hartley’s argument that the government failed to pro-

vide video evidence of the traffic stop to him or to the court, and

that the government was required to submit this evidence to the

court, is, at least as to the production aspect, contradicted by the

government’s statement that it provided the relevant video footage

to Hartley during discovery. The government corroborated this

by providing the FedEx receipt of its mailing of a CD containing

the photos and videos in its response to Hartley’s motion to strike.

Therefore, we reject Hartley’s argument that he was not provided

such evidence. As to the second aspect of Hartley’s argument—

that the government was required to submit this evidence to the

court because Hartley challenged Ennis’s testimony—as discussed

in greater detail below, Hartley’s conclusory challenges to Ennis’s

testimony do not create a genuine dispute of material fact such that

the government needed to put forth additional evidence to support

Ennis’s affidavit. See Matsushita Elec. Indus. Co., 475 U.S. at 587;

Brown, 906 F.2d at 670.

Second, the traffic stop was justified by Ennis’s reasonable

articulated suspicion that Hartley committed a traffic violation be-

cause Ennis attested that he observed Hartley commit a traffic vio-

lation, and Hartley failed to controvert Ennis’s testimony that he

observed Hartley fail to maintain his lane. See Heien, 574 U.S. at 57,

60. A traffic stop is reasonable where, as here, the officer had a

court applying a higher bar to the traffic stop. See Kerr, 856 F.3d at 807; Fed.

R. Civ. P. 61; Ermini, 937 F.3d at 1343.

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23-13626 Opinion of the Court 9

reasonable suspicion that a traffic violation occurred. Id. Ennis’s

statement that he observed Hartley fail to maintain his lane, in vi-

olation of O.C.G.A. § 40 6-48(1), is sufficient to show that he had a

reasonable articulable suspicion upon which to base the stop. See

Delgado, 981 F.3d at 897; O.C.G.A. § 40-6-48(1). Hartley does not

contradict this statement in his affidavit or his deposition. Though

Hartley argues that his deposition testimony stating that he never

changed lanes was sufficient to dispute Ennis’s attestation, this ar-

gument fails: the statute Hartley was cited under, O.C.G.A. § 40-6-

48(1), penalizes the failure to drive within a single lane as well as

changing lanes improperly. See O.C.G.A. § 40-6-48(1). Therefore,

Ennis’s statement that Hartley failed to maintain his lane falls

squarely within the conduct prohibited by the statute, and Hart-

ley’s assertion that he did not change lanes fails to dispute Ennis’s

statement.

Several of Hartley’s arguments, such as his argument that

the government failed to provide video of the traffic stop or the

relevance of Ennis’s issuance of a citation for driving on a sus-

pended license rather than failure to maintain his lane, rest on the

incorrect assertion that the government was required to provide

more evidence corroborating the statements in Ennis’s affidavit

than already provided. See Celotex Corp., 477 U.S. at 323; Delgado,

981 F.3d at 897. Ennis’s affidavit, sworn under penalty of perjury,

was proper evidence upon which the court could rely at summary

judgment. See Celotex Corp., 477 U.S. at 323. The government

therefore sufficiently demonstrated with the evidence provided

that there was no genuine issue of material fact as to the purpose

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10 Opinion of the Court 23-13626

and legality of the traffic stop. Because Hartley provided no evi-

dence disputing Ennis’s statements, as his testimony at his deposi-

tion and in his affidavits did not squarely contradict Ennis’s state-

ments, and offers only allegations in his briefs directly challenging

Ennis’s statements, the government was not required to put forth

any further evidence. See Anderson, 477 U.S. at 247-48; Brown, 906

F.2d at 670.

Finally, Hartley’s argument that the district court erred by

stating that Hartley’s car was the target of a BOLO fails because the

district court did not rely on the existence of a BOLO in determin-

ing that the traffic stop was permissible. Instead, the district court

relied on Ennis’s statement that he stopped Hartley because he ob-

served Hartley fail to maintain his lane. As discussed above, the

district court properly found that Ennis’s observation of a traffic

violation was sufficient to establish reasonable suspicion upon

which to base the stop. Therefore, any such error was harmless

because it was not material to the court’s finding, and Hartley failed

to demonstrate that if the district court erred, such error was not

harmless. See Fed. R. Civ. P. 61; Ermini, 937 F.3d 1343.

Hartley failed to challenge in his initial brief on appeal the

district court’s determination that the inventory search of the vehi-

cle was legal and thus has abandoned the issue.

II. Forfeitability of the Defendant Currency

The Controlled Substances Act provides for the civil forfei-

ture of money “furnished or intended to be furnished by any per-

son in exchange for a controlled substance . . . , all proceeds

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23-13626 Opinion of the Court 11

traceable to such an exchange, and all moneys used or intended to

be used to facilitate any violation of this subchapter.” 21 U.S.C.

§ 881(a)(6).

As a result of the enactment of the Civil Asset Forfeiture Re-

form Act (“CAFRA”), 18 U.S.C. § 981 et seq., in 2000, the govern-

ment must establish by a preponderance of the evidence that the

property is subject to forfeiture. 18 U.S.C. § 983(c)(1). We look at

the “totality of the circumstances” when determining whether the

government met its burden. United States v. $121,100.00 in U.S. Cur-

rency, 999 F.2d 1503, 1507 (11th Cir. 1993). The government may

use circumstantial evidence, hearsay, and evidence gathered after

it filed the civil forfeiture complaint to meet its burden. United

States v. $291,828.00 in U.S. Currency, 536 F.3d 1234, 1237 (11th Cir.

2008). Additionally, the government is not required to produce ev-

idence connecting the money to a particular narcotics transaction.

United States v. $242,484.00, 389 F.3d 1149, 1160 (11th Cir. 2004) (en

banc). It need only show that the money was related to some illegal

drug transaction. Id. Both the district court and our Court evaluate

the evidence presented with a commonsense view to the realities

of normal life. $291,828.00, 536 F.3d at 1237; see $242,484.00,

389 F.3d at 1160. We have recognized that “[a] common sense re-

ality of everyday life is that legitimate businesses do not transport

large quantities of cash rubber-banded into bundles and stuffed in

packages in a backpack” because “there are better, safer means of

transporting cash if one is not trying to hide it from the authori-

ties.” $242,484.00, 389 F.3d at 1161.

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12 Opinion of the Court 23-13626

Once the government meets its burden, the burden shifts to

the claimant to prove by a preponderance of evidence either a de-

fense to the forfeiture or that the property is not otherwise subject

to forfeiture. 18 U.S.C. § 983(d); United States v. Cleckler, 270 F.3d

1331, 1334 (11th Cir. 2001). The claimant may satisfy its burden

either by refuting the government’s evidence or by producing evi-

dence that demonstrates the claimant is an innocent owner. 18

U.S.C. § 983(c), (d); Cleckler, 270 F.3d at 1334. The non-movant

must demonstrate that there is indeed an issue of material fact that

precludes summary judgment. See Clark v. Coats & Clark, Inc.,

929 F.2d 604, 608 (11th Cir. 1991). “A mere ‘scintilla’ of evidence

supporting the opposing party’s position will not suffice; there

must be enough of a showing that the jury could reasonably find

for that party.” Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir.

1990).

The government met its initial burden to show that the De-

fendant Currency (which was found in Hartley’s car during the traf-

fic stop) was related to illegal drug activity by offering Officer

Caillouet’s affidavit, Officer Ennis’s affidavit, and the surveillance

photographs, which, taken together, showed that Hartley was af-

filiated with Peters during the window in which Peters was en-

gaged in drug trafficking activities. Shortly before the officers saw

Hartley with Peters, the investigation by law enforcement had lo-

cated Peters’ tractor-trailer at a warehouse affiliated with the drug

distribution scheme being investigated. See 18 U.S.C. § 983(c)(1);

242,484.00, 389 F.3d at 1160. Caillouet stated that Hartley drove

Peters around and provided the tools with which he worked on the

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23-13626 Opinion of the Court 13

tractor-trailer used to move cocaine shortly before Peters’ arrest,

when he was found to be in possession of 13 kilograms of cocaine

in his tractor-trailer. And Ennis stated that the Defendant Currency

was packaged in a manner consistent with the proceeds of illegal

activities. In that vein, this Court has noted that “[a] common

sense reality of everyday life is that legitimate businesses do not

transport large quantities of cash rubber-banded into bundles and

stuffed in packages in a backpack.” See $242,484.00, 389 F.3d at 116.

Taken together, a commonsense view of this evidence supports the

conclusion that the Defendant Currency was related to drug traf-

ficking activity. See $291,828.00, 536 F.3d at 1237.

Hartley also failed to meet his burden to show that the De-

fendant Currency was not subject to forfeiture. See 18 U.S.C. §

983(d); Cleckler, 270 F.3d 1331, 1334. First, as the government

notes, Hartley did not introduce any evidence of innocent owner-

ship of the Defendant Currency or propose any manner in which

he acquired it. He did not attest in his affidavit to a legitimate

source for the money. And at his deposition, he confirmed that his

annual income during the relevant period averaged around $50,000

from performing odd jobs but repeatedly evaded questioning as to

where the Defendant Currency came from, what it was for, and

why he was travelling with such a large amount of cash. In sum,

despite ample opportunity, Hartley did not offer evidence of, or

even truly allege, innocent ownership.

Nor did he offer even a scintilla of evidence, beyond his own

unsupported assertions in his briefs, to refute the government’s

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14 Opinion of the Court 23-13626

demonstration that the Defendant Currency was linked to illegal

activity. See Walker, 911 F.2d at 1577. In his deposition, he stated

only that the money “was nothing illegal.” While Hartley did chal-

lenge the validity of the narcotics detection dog alert below, the

district court explicitly found that even without considering the

alert, the government presented sufficient evidence of the Defend-

ant Currency’s link to illegal activity. So too, here, Hartley failed

to refute the other evidence put forth by the government.

Though Hartley attempts to refute the government’s evi-

dence by questioning various facts, such as the date and location of

Peters’ arrest, they are ultimately immaterial to the government’s

case, and therefore fail to refute the forfeitability of the Defendant

Currency. See Clark, 929 F.2d at 608. He does correctly state that

law enforcement did not observe him handling drugs, but as the

government did not allege that Hartley personally handled drugs

during the surveillance window, this statement does not refute the

government’s evidence supporting forfeiture. See Clark, 929 F.2d

at 608; Walker, 911 F.2d at 1577. Hartley argues that, if the govern-

ment reasonably believed the Defendant Currency was related to

illegal activity, it would have used the Defendant Currency as prob-

able cause to search Peters’ trailer. However, that argument does

not undermine the government’s evidence because Hartley offers

no evidence of the actual grounds upon which law enforcement

searched Peters’ trailer. In sum, Hartley’s several arguments and

his vague statement in his deposition that the Defendant Currency

was not obtained illegally are insufficient to defeat the govern-

ment’s demonstration that no genuine issue of material fact exists

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23-13626 Opinion of the Court 15

as to the forfeitability of the Defendant Currency. See Clark, 929

F.2d at 608. Accordingly, the district court did not err in finding

that the government showed by a preponderance of the evidence

that the Defendant Currency was furnished or intended to be fur-

nished in exchange for a controlled substance, or proceeds derived

from such an exchange, and therefore subject to forfeiture. See 21

U.S.C. § 881(a)(6); 18 U.S.C. § 983(c)(1).

III. Notice of Forfeiture

After seizing property for administrative forfeiture, the gov-

ernment is required to provide notice by publication and to send

written notice to all interested parties. 18 U.S.C. § 983(a); 19 U.S.C.

§ 1607(a). The publication requirement may be satisfied by pub-

lishing once each week for three consecutive weeks in a newspaper

of general circulation in the judicial district where the property was

seized. 28 C.F.R. § 8.9(a)(1)(i). The personal written notice must

explain the date on which the notice was sent and the deadline for

filing a claim; the property seized and the date, statutory basis, and

place of the seizure; and the identity of the seizing agency and

where a claim may be filed. Id. § 8.9(b). The agency’s notice also

must meet the constitutional requirement of due process. Mesa

Valderrama v. United States, 417 F.3d 1189, 1196 (11th Cir. 2005). To

be constitutional, notice need only be “reasonably calculated, un-

der all the circumstances, to apprise interested parties of the pen-

dency of the action and afford them an opportunity to present their

objections.” Id. at 1196-97 (quotation marks omitted). The gov-

ernment need not prove that it provided actual notice; it need only

show an attempt to provide actual notice. Id. at 1197.

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16 Opinion of the Court 23-13626

Upon motion by the government, a court may extend the

period for sending notice for up to 60 days, which may be further

extended by the court for 60-day periods, as necessary, if the court

determines, based on a written certification of a supervisory official

in the headquarters office of the seizing agency, that there is reason

to believe that notice may have an adverse result, including: endan-

gering the life or physical safety of an individual; flight from prose-

cution; destruction of or tampering with evidence; intimidation of

potential witnesses; or otherwise seriously jeopardizing an investi-

gation or unduly delaying a trial. 18 U.S.C. § 983(a)(1)(C), (D).

Once notified, one may choose to allow the forfeiture to

proceed administratively by doing nothing or compel the govern-

ment to initiate a judicial forfeiture action by filing a claim for the

property. See id. § 983(a)(2)(A), (3)(A). A claim must be made

within 35 days of the mailing of notice or, if the letter is not re-

ceived, within 30 days after the date of final publication of notice

of seizure. Id. § 983(a)(2)(B). After that deadline, there is a limited

mechanism for appealing a forfeiture:

Any person entitled to written notice in any nonjudi-

cial civil forfeiture proceeding under a civil forfeiture

statute who does not receive such notice may file a

motion to set aside a declaration of forfeiture with re-

spect to that person’s interest in the property, which

motion shall be granted if—

(A) the Government knew, or reasonably should

have known, of the moving party’s interest and failed

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23-13626 Opinion of the Court 17

to take reasonable steps to provide such party with

notice; and

(B) the moving party did not know or have reason to

know of the seizure within sufficient time to file a

timely claim.

Id. § 983(e)(1). A motion under § 983(e) is the exclusive remedy for

seeking to set aside a forfeiture declaration under a civil forfeiture

statute. Id. § 983(e)(5); see also Mesa Valderrama, 417 F.3d at 1195.

As a protection against bad faith and misconduct, we have

discretion to exercise equitable jurisdiction if the claimant’s “failure

to properly seek legal relief resulted from errors of procedure and

form or the government’s own misconduct.” In re $67,470.00,

901 F.2d 1540, 1545 (11th Cir. 1990). However, our “decision to

invoke equitable jurisdiction is highly discretionary and must be

exercised with caution and restraint.” Id. at 1544. “Such jurisdic-

tion, therefore, is only appropriate in exceptional cases where eq-

uity demands intervention.” Id.

Here, the district court did not err in determining that there

was no genuine issue of material fact as to whether the government

complied with the notice requirements of 18 U.S.C. § 983(a)(1)(C)

and (D) because the government properly sought and received ex-

tensions of the notice period, and Hartley failed to put forth evi-

dence to show that those extensions were fraudulent or otherwise

irregular. The district court also did not err in concluding that there

was no evidence the government acted with unclean hands, as the

extensions were not shown to be fraudulent or irregular.

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18 Opinion of the Court 23-13626

Moreover, the district court also noted that Hartley did receive ac-

tual notice and was able to pursue his claim, so Hartley was not

deprived of a remedy at law.

For the foregoing reasons, the judgment of the district court

is

AFFIRMED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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