No. 18-405

Shabnam Dastmalchian v. Department of Justice, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-01
Status: Denied
Type: Paid
Response Waived
Tags: asset-forfeiture civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-criminal-procedure federal-immunity government-overreach government-seizure innocent-third-party property-rights takings third-party-property
Key Terms:
DueProcess FifthAmendment FourthAmendment Privacy
Latest Conference: 2018-11-16
Question Presented (AI Summary)

Whether the interplay of the Constitution, Fed.R.Crim.P.7(c)(2), and 21 U.S.C. § 853 allow government employees to seize an innocent third party California LLC property, which had never been subject to a criminal investigation and conviction

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW ; . : 1. Whether the interplay of the Constitution, . . and 21 U.S.C. § 853 allow government employees to seize an innocent third party Cali; : fornia LLC property, which had never been subject to a criminal investigation and conviction. 2. Whether the government employees are al| lowed to “bully and extort” a citizen against the established law, after terrorizing her with pressure, duress, coercion, mental anguish,-and threat, then the lower courts gave them immunity, and left the Petitioner's tort claim against the United States unaddressed. : ; 3. By extension, if a doctor practicing in a hospi; tal is arrested and convicted of a crime relating to his : medical practice at that hospital, does that conviction result in seizure or forfeiture of hospital property? ~ ii ;

Docket Entries

2018-11-19
Petition DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-22
Waiver of right of respondents Dept. of Justice, et al. to respond filed.
2018-09-27
Petition for a writ of certiorari filed. (Response due October 31, 2018)

Attorneys

Dept. of Justice, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Shabnam Dastmalchian
Shabnam Dastmalchian — Petitioner
Shabnam Dastmalchian — Petitioner