No. 23-1227

Rachael Eubanks, et al. v. Dennis O'Connor

Lower Court: Sixth Circuit
Docketed: 2024-05-21
Status: Denied
Type: Paid
Response WaivedRelisted (2) Experienced Counsel
Tags: abandoned-property civil-procedure civil-rights constitutional-claim due-process property-rights qualified-immunity state-action takings
Key Terms:
DueProcess Takings
Latest Conference: 2024-10-11 (distributed 2 times)
Related Cases: 23-1167 (Vide)
Question Presented (AI Summary)

Does the former owner retain a constitutional right to accrued interest on abandoned property returned by the State?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Where the State recovers abandoned property and later returns that property or its equivalent value to the former owner, does the former owner retain a constitutional right to accrued interest in that abandoned property? 2. Where neither this Court nor the Sixth Circuit had held that a former owner has a constitutional right to accrued interest on abandoned property, and two circuits and many state courts had held that a former owner lacks such a right, should the Sixth Circuit have affirmed the grant of qualified immunity where the State returned the value of abandoned property to the former owner without interest?

Docket Entries

2024-10-15
Petition DENIED.
2024-10-07
DISTRIBUTED for Conference of 10/11/2024.
2024-09-27
Rescheduled.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-06-04
Waiver of right of respondent Dennis O'Connor to respond filed.
2024-05-17
Petition for a writ of certiorari filed. (Response due June 20, 2024)

Attorneys

Dennis O'Connor
Philip Lee EllisonOutside Legal Counsel PLC, Respondent
Rachael Eubanks, et al.
Ann Maurine ShermanMichigan Department of Attorney General, Petitioner