· 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 CourtListenerSourced 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.