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132747P.pdf   08/07/2014  Gerald Booker  v.  The City of Saint Paul
   U.S. Court of Appeals Case No:  13-2747
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Melloy, Author, with Wollman and Benton, Circuit Judges] Civil Case - civil rights. Following Booker's arrest for fourth-offense DWI and seizure of his vehicle under Minn. Stat. sec. 169A.63, Subdiv 3, Booker challenged the constitutionality of the subsequent forfeiture of his vehicle. District court's grant of summary judgment on claims of due process and Fourth Amendment violations is affirmed. Statute's notice and 30-day demand for judicial determination comports with due process. Booker cannot complain about delay because he sat on his rights for seven months before requesting a hearing; risk of erroneous deprivation is minimal; and government's interest is substantial. Booker cannot show harm from the city's retention of his vehicle because City was then rightful owner.