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SMITH v. CITY OF CHICAGO

No. 07-1599.

524 F.3d 834 (2008)

Chermane SMITH, Edmanuel Perez, Tyhesha Brunston, Michelle Waldo, Kirk Yunker, and Tony Williams, Plaintiffs-Appellants, v. CITY OF CHICAGO, Philip Cline, Superintendent, Chicago Police Department, and Richard A. Devine, Cook County State's Attorney, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 2, 2008.

Attorney(s) appearing for the Case

Thomas Peters (argued), Chicago, IL, for Plaintiffs-Appellants.

Benna R, Solomon, Julian Henriques (argued), Kerrie Maloney Laytin, Office of the Corporation Counsel, Appeals Division, Chicago, IL, for Defendant-Appellee, City of Chicago.

Kerrie Maloney Laytin, Office of the Corporation Counsel, Appeals Division, Chicago, IL, for Defendant-Appellee, Philip Cline.

Paul A. Castiglione (argued), John P. Heil, Jr., Office of the Cook County State's Attorney, Chicago, IL, for Defendant-Appellee, Richard A. Devine.

Before BAUER, POSNER, and EVANS, Circuit Judges.

EVANS, Circuit Judge.

The Chicago Police Department, acting under the Illinois Drug Asset Forfeiture Procedure Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property belonging to the plaintiffs. In response, the plaintiffs filed this case, under 42 U.S.C. § 1983, claiming that when property is seized under the Act, due process requires that they be given a prompt, postseizure, probable cause hearing, even though the DAFPA does not require any such...

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