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SERRANO v. CUSTOMS AND BORDER PATROL

No. 18-50977.

975 F.3d 488 (2020)

Gerardo SERRANO, Plaintiff-Appellant, v. CUSTOMS AND BORDER PATROL, U.S. CUSTOMS AND BORDER PROTECTION; United States of America; John Doe 1-X; Juan Espinoza; Kevin McAleenan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED September 16, 2020.

Attorney(s) appearing for the Case

Anya Bidwell , Attorney, Institute for Justice, Arlington, VA, for Plaintiff-Appellant.

Noah Mariano Schottenstein , DLA Piper, L.L.P. (US), Dallas, TX, Joshua Paul Waldman, Esq. , Attorney, U.S. Department of Justice, Civil Rights Division, Washington, DC, H. Thomas Byron, III , Charles Wylie Scarborough , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants-Appellees.

Robert Abraham Braun , Cohen Milstein Sellers & Toll, P.L.L.C., Washington, DC, for Amici Curiae Law Professor James E. Pfander, Law Professor Alexander A. Reinert, Law Professor Joanna C. Schwartz, Law Professor Stephen I. Vladeck.

Cynthia Eva Hujar Orr , Goldstein & Orr, P.L.L.C., San Antonio, TX, for Amici Curiae National Association of Criminal Defense Lawyers, Due Process Institute.

Clark McAdams Neily, III , Cato Institute, Washington, DC, Cynthia Eva Hujar Orr , Goldstein & Orr, P.L.L.C., San Antonio, TX, for Amicus Curiae Cato Institute.

Mahesha P. Subbaraman , Attorney, Subbaraman, P.L.L.C., Minneapolis, MN, for Amicus Curiae Americans for Forfeiture Reform.

Before Clement, Higginson, and Engelhardt, Circuit Judges.

Gerardo Serrano filed suit against the United States Customs and Border Protection (CBP) and related parties, alleging constitutional violations after his truck and its contents were seized at the United States-Mexico border. Serrano sought the return of his property pursuant to Federal Rule of Criminal Procedure 41(g), as well as damages under...

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