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· 3/7/2024

Evan McShirley and D'Ann Dagen v. Leilani Lucas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that inquiry must focus on justification for government's delay in bringing forfeiture action in violation of movant's due process rights, not on whether probable cause existed for forfeiture
  • holding that four-year delay in bringing forfeiture case to trial constituted violation 9 of due process
  • affirming EAJA fee award because, despite an earlier determination of probable cause, the government's poor investigation of claimant's case and unreasonable delay in pursuing the forfeiture action demonstrated that the government's position was not substantially justified

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.