Opinion

John E. Wiren v. Donald Eide, as District Director of the Bureau of Customs

  • 542 F.2d 757
Court
Court of Appeals for the Ninth Circuit
Filed
Jul 9, 1976
Status
Published
Author
Chambers
On the bench
Chambers, Koelsch, Kilkenny
Cited by
54 cases

holding that the court had jurisdiction under the Tucker Act to hear plaintiff’s claims that forfeiture proceedings violated the due process clause of the fifth amendment, and stating that “the fifth amendment and the statutory forfeiture scheme each plainly mandate compensation, at least in restitutionary measure, to the owner of wrongfully seized property”

How later courts described this case

  • holding that the court had jurisdiction under the Tucker Act to hear plaintiff’s claims that forfeiture proceedings violated the due process clause of the fifth amendment, and stating that “the fifth amendment and the statutory forfeiture scheme each plainly mandate compensation, at least in restitutionary measure, to the owner of wrongfully seized property”
  • holding that, although an indigent party received notice of forfeiture proceedings, his due process rights were violated because application of a bond requirement operated to deprive him of his property interest without according him the opportunity for a hearing
  • holding that “the fifth amendment prohibits the federal government from denying the opportunity for a hearing to persons whose property has been seized and is potentially subject to forfeiture solely because of their inability to post a bond”
  • finding claimant had no standing to challenge forfeiture proceedings when he received actual notice sufficient to satisfy due process requirements

Written by the judges who cited it.

The opinion

CHAMBERS, Circuit Judge

(concurring):

Since, as Judge Koelsch amply demonstrates, the district court had jurisdiction *766 under either the Tucker Act or under the Administrative Procedure Act to hear this action, I do not reach the issue of whether it also had jurisdiction under the mandamus statute. I, therefore, express no view on the question of whether that statute would provide an independent jurisdictional base for this suit.

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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