DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.