PLATT v. MOORE

No. 19-15610, No. 19-15732.

15 F.4th 895 (2021)

William Terence PLATT; Maria B. Platt, Plaintiffs-Appellants, v. Jason S. MOORE, in his official capacity as Deputy Navajo County Attorney; Brad Carlyon, in his official capacity as Navajo County Attorney; Navajo County Drug Task Force, AKA Major Crimes Apprehension Team; County of Navajo; K. C. Clark, in his official capacity as Navajo County Sheriff; City of Winslow, a municipal corporation; Chris Vasquez, in his official capacity as Chief of Police for the City of Winslow; City of Holbrook, a municipal corporation; Mark Jackson, in his official capacity as the Chief of Police for the City of Holbrook; Town of Snowflake, a municipal corporation; Town of Taylor, a municipal corporation; Larry Scarber, in his official capacity as Chief of Police of Snowflake-Taylor Police Department; City of Show Low, a municipal corporation; Joe Shelley, in his official capacity as Chief of Police for the City of Show Low; Town of Pinetop-Lakeside, a municipal corporation; David Sargent, in his official capacity as the Chief of Police for the Town of Pinetop-Lakeside, Defendants-Appellees, and State of Arizona, Intervenor-Defendant-Appellee. William Terence Platt; Maria B. Platt, Plaintiffs-Appellees, v. Jason S. Moore, in his official capacity as Deputy Navajo County Attorney; Brad Carlyon, in his official capacity as Navajo County Attorney; Navajo County Drug Task Force, AKA Major Crimes Apprehension Team; County of Navajo; K. C. Clark, in his official capacity as Navajo County Sheriff; City of Winslow, a municipal corporation; Chris Vasquez, in his official capacity as Chief of Police for the City of Winslow; City of Holbrook, a municipal corporation; Mark Jackson, in his official capacity as the Chief of Police for the City of Holbrook; Town of Snowflake, a municipal corporation; Town of Taylor, a municipal corporation; Larry Scarber, in his official capacity as Chief of Police of Snowflake-Taylor Police Department; City of Show Low, a municipal corporation; Joe Shelley, in his official capacity as Chief of Police for the City of Show Low; Town of Pinetop-Lakeside, a municipal corporation; David Sargent, in his official capacity as the Chief of Police for the Town of Pinetop-Lakeside, Defendants, and State of Arizona, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2021.


Attorney(s) appearing for the Case

Paul V. Avelar (argued) and Keith E. Diggs , Institute for Justice, Tempe, Arizona, for Plaintiffs-Appellants.

James M. Jellison (argued), Jellison Law Offices PLLC, Carefree, Arizona, for Defendants-Appellees.

Drew C. Ensign (argued), Chief Counsel, Civil Appeals; Thomas Rankin , Chief Counsel, Financial Remedies Section; Brunn (Beau) W. Roysden III , Kenneth Hughes , and Robert J. Makar , Assistant Attorneys General; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Intervenor-Defendant-Appellee.

Partial Concurrence and Partial Dissent by Judge Collins.


OPINION

Police stopped the Platts' car while their son was driving it, found marijuana in the car, and arrested the son. The Platts' car was seized pursuant to Arizona's labyrinthine civil forfeiture statutes. The vehicle was eventually returned to its owners, but only after it had been impounded for five months...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases