Filed Date: Aug. 6, 2024
Case Ongoing
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This case involved state police seizing property that was allegedly involved in criminal investigations without disclosing the relevant crimes or bringing charges. On August 6, 2024, a company that had mailed its property (including $42,825.00) through FedEx and subsequently had it seized by state police filed this counterclaim in Indiana state trial court against the state of Indiana and the Marion County Prosecutor’s Office on behalf of themselves and those similarly situated. Represented by the Institute for Justice, the plaintiffs alleged that since the prosecutors did not articulate a legal basis for the search, this practice violates the Fourth, Eighth, Tenth, and Fourteenth amendments, as well as Article 1, Section 11 of the Indiana Constitution. The plaintiffs sought injunctive and declaratory relief. The case was assigned to Judge Anne Flannelly.
On March 21, 2025, the court scheduled a hearing on the counterclaim-plaintiff’s motion for class certification. The hearing was set for May 2, 2025.
As of April 13, 2025, this case is ongoing.
Summary Authors
Ruby Napora (4/13/2025)
State / Territory: Indiana
Case Type(s):
Key Dates
Filing Date: Aug. 6, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A company on behalf of itself and others who have been (or will be) named as defendants in civil-forfeiture actions brought by the Marion County Prosecutor’s Office
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Marion County Prosecutor (Marion), County
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.: