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BOOKER v. CITY OF SAINT PAUL

No. 13-2747.

762 F.3d 730 (2014)

Gerald E. BOOKER, individually and on behalf of all others similarly situated, Plaintiff-Appellant v. The CITY OF SAINT PAUL, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2014.

Attorney(s) appearing for the Case

A.L. Brown , argued, Saint Paul, MN, ( Anthony J. Nemo , Saint Paul, MN, on the brief), for Plaintiff-Appellant.

Portia Michelle Hampton-Flowers , argued, Saint Paul, MN, for Defendant-Appellee.

Before WOLLMAN, MELLOY, and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

The City of St. Paul ("the City") seized Gerald Booker's vehicle following Booker's fourth arrest for driving while impaired. If Booker wished to contest the seizure, Minnesota Stat. § 169A.63, Subdiv. 8(b) required Booker to file a challenge to the forfeiture within thirty days. Booker waited more than seven months to challenge the forfeiture. When he did not succeed in retrieving his vehicle, Booker filed this 42 U.S.C. § 1983 action...

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