JENKINS v. UNITED STATES

2022-1378.

71 F.4th 1367 (2023)

Brodrick Jamar JENKINS, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: June 28, 2023.


Attorney(s) appearing for the Case

Hampton Hunter Bruton , Robinson, Bradshaw & Hinson, P.A., Chapel Hill, NC, argued for plaintiff-appellant. Also represented by Lawrence C. Moore, III .

Melissa Helen Burkland , United States Attorney's Office, United States Department of Justice, Fargo, ND, argued for defendant-appellee. Also represented by Megan A. Healy , Jennifer Klemetsrud Puhl .

Daniel Woofter , Goldstein, Russell & Woofter LLC, Washington, DC, for amicus curiae Human Rights Defense Center.

Matthew T. Martens , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for amici curiae Julia D. Mahoney , Ilya Somin . Also represented by Donna Farag , Douglas Gates .

Before Lourie, Dyk, and Stark, Circuit Judges.


Brodrick Jamar Jenkins seeks compensation under the Fifth Amendment's takings and due process clauses for the federal government's appropriation of his two vehicles. He agrees that the government properly seized the vehicles pursuant to a criminal investigation, but argues that the government is liable for failing to return them...

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