MELISA INGRAM; ROBERT REEVES; STEPHANIE WILSON v. WAYNE COUNTY, MICHIGAN - Articles

All Content

MELISA INGRAM; ROBERT REEVES; STEPHANIE WILSON v. WAYNE COUNTY, MICHIGAN

Posted by: Tanja Trezise on Aug 31, 2023

Head Comment: THAPAR delivered a separate concurring opinion.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Davidde A. Stella, WAYNE COUNTY, Detroit, Michigan, for Appellant.

Attorneys 2: ARGUED: Wesley Hottot, INSTITUTE FOR JUSTICE, Seattle, Washington, for Appellees.

Attorneys 3: ON BRIEF: Davidde A. Stella, WAYNE COUNTY, Detroit, Michigan, for Appellant.

Attorneys 4: ON BRIEF: Wesley Hottot, INSTITUTE FOR JUSTICE, Seattle, Washington, Kirby Thomas West, INSTITUTE FOR JUSTICE, Arlington, Virginia, for Appellees.

Judge(s): GIBBONS, BUSH, and THAPAR, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

JOHN K. BUSH, Circuit Judge. Plaintiffs allege the government of Wayne County, Michigan has a policy or practice of seizing and holding vehicles while taking months to decide whether to initiate forfeiture proceedings. Plaintiffs claim they were not provided an opportunity to be heard about the detention of their vehicles and that this failure violates the Due Process Clause of the Fourteenth Amendment. The district court held that plaintiffs are entitled to the requested hearing. We agree and hold that Wayne County violated that Constitution when it seized plaintiffs’ personal vehicles—which were vital to their transportation and livelihoods—with no timely process to contest the seizure. We further hold that Wayne County was required to provide an interim hearing within two weeks to test the probable validity of the deprivation. Accordingly, we AFFIRM and REMAND for further proceedings consistent with this opinion.

Attachments: