Washington v. Marion County Prosecutor, No. 17-2933 (7th Cir. 2019)Annotate this Case
Washington was driving a vehicle he owned when an Indianapolis police officer pulled him over in September 2016. Washington was arrested and charged with dealing in marijuana, resisting law enforcement, and obstruction of justice. The officer had Washington’s vehicle towed and held for forfeiture under Indiana Code 34- 24-1-1(a)(1) and 2(a)(1). In November 2016, Washington demanded the return of his vehicle per I.C. 34-24-1-3. He filed a federal class-action complaint, claiming such seizures violate the due process clause. In February 2017, the Prosecutor’s Office released the vehicle to Washington. The district court certified a class and granted Washington summary judgment, declaring I.C. 34-24-1-1(a)(1) (read in conjunction with other provisions of the chapter) unconstitutional in allowing for seizure and retention of vehicles without an opportunity for an individual to challenge pre-forfeiture deprivation. While an appeal was pending, Indiana amended the statute, arguably increasing the available process by providing for a probable cause affidavit, a motion for provisional release, and a shortened window for the Prosecutor to file a forfeiture complaint. The Seventh Circuit remanded for consideration of the constitutionality of the amended statute, expressing no opinion regarding the constitutionality of the old or new versions of the statute, regarding mootness, or regarding the class.