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Forfeiture – Notification of seizure

Tom Egan//December 14, 2011//

Forfeiture – Notification of seizure

Tom Egan//December 14, 2011//

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Where a plaintiff filed an untimely claim for the return of $3,630 seized from her when she was arrested on a state warrant by agents of the Drug Enforcement Administration and deputies from the Bristol County Sheriff’s Office, the record is clear that DEA fully discharged its responsibility to formally notify plaintiff of the seizure and explain the process she had to follow to recover the money.

Therefore, the plaintiff is not entitled to relief under 18 U.S.C. section983(e).

The defendant’s motion to dismiss must accordingly be granted for lack of subject matter jurisdiction.

Monteiro v. United States (Lawyers Weekly No. 02-400-11) (4 pages) (Zobel, J.) (USDC) (Civil Action No. 11-11043-RWZ) (Dec. 8, 2011).

Click here for the full-text opinion.

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