Fergason v. Las Vegas Metro. Police Dep’t
Annotate this CaseDuring a criminal investigation, the State had located and seized approximately $125,000 from bank accounts kept by Bryan Fergason at Bank of America. The State filed a complaint against the seized money pleading a single cause of action in forfeiture and alleging that the seized money represented proceeds attributable to the commission or attempted commission of a felony. Following the Supreme Court’s affirmance of Fergason’s criminal proceedings, the district court granted summary judgment in favor of the State. The Supreme Court reversed, holding that the district court improperly granted summary judgment because the State failed to present sufficient evidence to satisfy its burden of showing an absence of genuine issue of material fact regarding whether the funds seized from Fergason’s bank accounts were subject to forfeiture as proceeds attributable to the commission of a felony, and therefore, the burden of production did not shift to Fergason. Remanded.
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