No. 20-1493

Stephen Nichols v. Wayne County, Michigan, et al.

Lower Court: Sixth Circuit
Docketed: 2021-04-26
Status: Denied
Type: Paid
Amici (2)Response Waived Experienced Counsel
Tags: civil-forfeiture constitutional-hearing constitutional-rights due-process municipal-policy municipal-seizure neutral-judge prompt-hearing property-deprivation vehicle-rights
Key Terms:
DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-05-27
Question Presented (AI Summary)

Whether due process requires municipalities to provide a prompt hearing before denying vehicle owner continued possession and use

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether due process requires municipalities, after seizing a vehicle in the name of civil forfeiture, to provide the vehicle owner a prompt hearing before a neutral judge to decide whether the municipality may, while litigating the forfeiture, deny the owner continued possession and use of the vehicle. 2. Whether a claim alleging municipal failure to afford a constitutional right requires a plaintiff to plead not only the existence of a policy denying the right but also the existence of policies denying all the means by which the right may be afforded.

Docket Entries

2021-06-01
Motion for leave to file amicus brief filed by Restore the Fourth, Inc. GRANTED.
2021-06-01
Petition DENIED.
2021-05-20
Motion for leave to file amicus brief filed by Restore the Fourth, Inc. (Distributed)
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-05-06
Waiver of right of respondent City of Lincoln Park to respond filed.
2021-05-06
Waiver of right of respondents Wayne County, Michigan, Kym Worthy, and the Wayne County Prosecutor's Office to respond filed.
2021-04-22
Petition for a writ of certiorari filed. (Response due May 26, 2021)

Attorneys

City of Lincoln Park
Kevin Andrew McQuillanKerr, Russell and Weber, PLC, Respondent
Kevin Andrew McQuillanKerr, Russell and Weber, PLC, Respondent
Restore the Fourth, Inc.
Aaron Robert GottBona Law PC, Amicus
Aaron Robert GottBona Law PC, Amicus
Stephen Nichols
Mahesha Padmanabhan SubbaramanSubbaraman PLLC, Petitioner
Mahesha Padmanabhan SubbaramanSubbaraman PLLC, Petitioner
Wayne County, Michigan and the Wayne County Prosecutor's Office
Davidde Alessandro StellaWayne County Corporation Counsel, Respondent
Davidde Alessandro StellaWayne County Corporation Counsel, Respondent