Whether the unlawful retention of property by state officials constitutes a past wrong or an ongoing constitutional violation under Ex parte Young

Whether the unlawful retention of property by state officials—in this case , property forfeited from thousands of legally innoce nt persons whose wrongful state drug convictions have been vacated—is, as the First Circuit found, a “past wrong and not an ongoing violation for Ex parte Young purposes,” Cotto v. Campbell , 126 F.4th 761, 769 (1st Cir. 2025), or “part of an ongoing [constitutional] tort,” Maron v. Chief Financial Officer of Florida , 136 F.4th 1322, 1333 -34 (11th Cir. 2025), as held by at least the Second, Fourth, Fifth, Sixth, Ninth, Tenth, and Eleventh Circuits.