Facts of the Case:
The Chicago Police Department seized property belonging to the plaintiffs, using the power granted it by the Illinois Drug Asset Forfeiture Procedure Act (DAFPA). The plaintiffs filed suit in an Illinois federal district court under 42 U.S.C. Section 1983 arguing that when property is seized under the DAFPA, due process requires a prompt, postseizure, probable cause hearing. The district court dismissed, but the plaintiffs asked for a rehearing in light of Mathews v. Eldridge, which prohibited the seizure of real property without a prior hearing. The U.S. Court of Appeals for the Seventh Circuit granted review.
On appeal, the Seventh Circuit held that the DAFPA did not provide adequate due process for an owner to contest the seizure of his property, reasoning the length of time between seizure and contest was too long (a maximum of 97 to 187 days). The court remanded the case and instructed the district court to devise a mechanism by which an owner can contest the validity of the retention of his property.
