Английская Википедия:Culley v. Marshall
Шаблон:Infobox US Supreme Court case
Culley v. Marshall (Docket 22-585) is a case pending before the Supreme Court of the United States regarding the timing of post-seizure probable cause hearings under the Due Process Clause of the 14th Amendment.[1] The Court has been asked to determine whether the "speedy trial" test from Barker v. Wingo or the balancing test from Mathews v. Eldridge applies to a judicial-forfeiture proceeding.
The case is on appeal from the United States Court of Appeals for the Eleventh Circuit.[1]
Background
On February 17, 2019, Halima Tariffa Culley's son was arrested while driving his mother's car.[2] Police charged Culley with possession of marijuana and seized the car. Culley's mother was unable to recover the vehicle, and the State of Alabama filed a civil asset forfeiture case against the vehicle. 20 months later, Culley won summary judgment under Alabama's innocent-owner defense.[2]
Culley then filed a class-action lawsuit under the Ku Klux Klan Act, alleging that Alabama officials had violated her right to a post-deprivation hearing under the 8th and 14th Amendments to the Constitution.[2] The District Court found for Alabama and the 11th Circuit affirmed.[2]
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