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JONES v. KELLY

Docket Nos. 03-9232-EV(L), 04-0147(CON).

378 F.3d 198 (2004)

Sandra JONES, Clarence Walters, James Webb, Michael Zurlo, Valerie Krimstock, Charles Flatow, and Ismael Delapaz, Plaintiff-Appellees, v. Raymond KELLY, Property Clerk, and City of New York, Defendant-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 5, 2004.

Attorney(s) appearing for the Case

Julie Steiner, Assistant Corporation Counsel, for Michael A. Cardozo, Corporation Counsel of the City of New York (Leonard Koerner, Chlarens Orsland, and Julie Steiner, Assistant Corporation Counsels, on the brief), New York, NY, for Defendant-Appellants.

Thomas O'Brien, The Legal Aid Society, Brooklyn, NY, for Plaintiff-Appellees.

Alan Gadlin, for Amicus Curiae New York State District Attorneys Association (Michael A. Arcuri, Mark Dwyer, Anthony J. Girese, and Alan Gadlin, on the brief).

Before: VAN GRAAFEILAND, SACK, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge.

In 1999, plaintiffs' vehicles were seized and retained as instrumentalities of a crime pursuant to the City of New York's forfeiture statute, N.Y.C. Admin. Code § 14-140. The police seized vehicles from six of the seven named plaintiffs when those individuals were arrested for operating a motor vehicle while under the influence of alcohol or drugs ("DWI"). The seventh plaintiff's vehicle was seized when her estranged husband borrowed the...

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