The question
Whether the Due Process Clause requires a separate preliminary hearing to determine whether police may retain personal property seized for civil forfeiture while the forfeiture case is pending.
Culley v. Marshall
What the Court decided
The Court affirmed the Eleventh Circuit. In civil forfeiture cases involving personal property, the Due Process Clause requires a timely forfeiture hearing but does not require a separate preliminary hearing on whether the State may retain the property while the case is pending. The Court reasoned that its prior decisions in United States v. $8,850 and United States v. Von Neumann establish that a timely post-seizure forfeiture hearing itself satisfies due process.
How the justices split
6-3The Court's opinion
Kavanaugh, joined by Roberts, Thomas, Alito, Gorsuch, Barrett
Held that due process requires a timely post-seizure forfeiture hearing but not a separate preliminary hearing to determine whether seized personal property may be retained pending the forfeiture hearing. Relied on United States v. $8,850 and United States v. Von Neumann, reading those decisions to establish that a timely forfeiture hearing satisfies due process and that $8,850 supplies the standard for when a hearing is timely.
Concurring
Gorsuch, joined by Thomas
Filed a concurring opinion joined by Thomas.
Dissenting
Sotomayor, joined by Kagan, Jackson
Filed a dissenting opinion joined by Kagan and Jackson.
How we know · 5 sourced claims
The Court held that the Due Process Clause requires a timely forfeiture hearing but does not require a separate preliminary hearing in civil forfeiture cases involving personal property.
Source: syllabus, Held
The Eleventh Circuit had affirmed the dismissal of petitioners' Section 1983 due process claims, and the Supreme Court affirmed.
Source: syllabus, Held
Kavanaugh delivered the opinion of the Court, joined by Roberts, Thomas, Alito, Gorsuch, and Barrett.
Source: syllabus, lineup
Sotomayor filed a dissenting opinion, joined by Kagan and Jackson.
Source: syllabus, lineup
Gorsuch filed a concurring opinion, joined by Thomas.
Source: syllabus, lineup