FIORE v. WALDEN

No. 08-17558.

657 F.3d 838 (2011)

Gina FIORE; Keith Gipson, Plaintiffs-Appellants, v. Anthony WALDEN; Unknown Agents of the Federal Government, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2011.


Attorney(s) appearing for the Case

Robert A. Nersesian and Thea Marie Sankiewicz , Nersesian & Sankiewicz, Las Vegas, NV, for the plaintiffs-appellants.

Michael F. Hertz , Acting Assistant Attorney General, and Barbara L. Herwig and Kelsi Brown Corkran , Attorneys, Civil Division, Department of Justice, Washington, D.C., for the defendants-appellees.

Opinion by Judge BERZON; Dissent by Judge IKUTA.


OPINION

BERZON, Circuit Judge:

Federal law enforcement officers seized funds from passengers who were temporarily in the Atlanta airport changing planes. The travelers, Gina Fiore and Keith Gipson, explained that the funds were legal gambling proceeds, not evidence of drug transactions. Their story turned out to be true. Fiore and Gipson claim the seizure and later efforts to institute forfeiture proceedings were unconstitutional. They sued in Las Vegas...

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