MONTGOMERY v. SCOTT

No. 91-CV-6338.

802 F.Supp. 930 (1992)

John MONTGOMERY, Plaintiff, v. William SCOTT, Administrator, Drug Enforcement Administration, Rochester, New York; Robert Neering, Administrator, Drug Enforcement Administration, Forfeiture Fund, Rochester, New York; John Fester, Agent-in-Charge, Drug Enforcement Administration, Rochester, New York; and William J. Snider, Chief Counsel, Assets Forfeiture Section, Washington, D.C., Defendants.

United States District Court, W.D. New York.

September 17, 1992.


Attorney(s) appearing for the Case

John Montgomery, pro se.

Brian M. McCarthy, Asst. U.S. Atty., Rochester, N.Y., for defendants.


DECISION AND ORDER

LARIMER, District Judge.

Plaintiff John Montgomery ("Montgomery") brings this action against defendants William Scott, Robert Nearing, John Ferster and William Snider to set aside the administrative forfeiture of $32,000 in United States currency. Plaintiff challenges the forfeiture on two grounds: first, that he was deprived of his Fifth Amendment right to due process because the United States Drug Enforcement Administration (the "DEA...

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