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· 1/22/1992

Luis Mora v. United States

Citations

  • 955 F.2d 156
  • 1992 U.S. App. LEXIS 756
  • 1992 WL 14101

How courts have described this case

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

  • holding that the court has jurisdiction to provide an equi- table remedy under what is now Rule 41(g) if the govern- ment loses property seized during a criminal investigation
  • holding that the court has jurisdiction to provide an equi- table remedy under what is now Rule 41(g) if the govern- ment loses property seized during a criminal investigation
  • explaining that, when the government denies possession of a claimant’s property, a finding of whether the government actually retains it and, if not, what happened to it, is a necessary predicate to deciding a motion for the return of property
  • the government can be liable for damages “when [it] gives away, loses or destroys a prisoner’s property”
  • dismissal inappropriate where Government did not account for all of petitioner’s property in its affidavits, log entries or other evidence
  • district court retains jurisdiction “so long as necessary to afford appropriate relief to the movant”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaufman, Cardamone, Miner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.