Hopkins v. City of Bloomington, No. 13-3378 (8th Cir. 2014)
Annotate this CaseAfter Hopkins was arrested for driving while impaired for the third time in 10 years, officers impounded her vehicle under Minnesota Statute 169A.631(e)(1), She received a notice of seizure and intent to forfeit her vehicle. Hopkins filed a challenge and requested immediate return of her vehicle. The court administrator did not schedule a hearing on the demand because that “judicial determination . . . must not precede adjudication in the criminal prosecution of the designated offense without the consent of the prosecuting authority.” Hopkins neither requested a decision on her demand prior to resolution of her underlying criminal case nor utilized procedures that allow an owner to give security or post bond in exchange for the vehicle. Hopkins voluntarily withdrew her demand. The resolution of her criminal case was delayed by continuances pending the outcome of litigation relating to the breathalyzer. Hopkins pled guilty, then filed suit under 42 U.S.C. 1983, alleging the vehicle forfeiture statute violated the federal and state constitutions by depriving Hopkins of procedural due process and by unreasonably seizing her vehicle. The district court dismissed. The Eighth Circuit affirmed. Hopkins voluntarily ceased pursuing available state administrative remedies, so she waived her post-deprivation procedural due process claim.
Court Description: Civil case - Civil rights. In an action alleging Minnesota's vehicle forfeiture statute denied plaintiff procedural due process, the district court did not err in dismissing plaintiff's post-deprivation procedural due process claim as plaintiff waived it by voluntarily abandoning her pursuit of her available state administrative remedies.
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