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Section 1437d

Citation
Section 1437d
Parent Document
Rucker v. Davis, 237 F.3d 1113 (2001)
Effective Date
2001-01-24
Original Source
https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

Other Sections in This Document (190)

Full Text

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HUD contends that the Supreme Court’s decision in Bennis v. Michigan, 516 U.S. 442, 116 S.Ct. 994, 134 L.Ed.2d 68 (1996), forecloses any argument that depriving an innocent owner of a property right violates due process. In Bennis, a woman’s husband used their jointly owned car to engage in sexual activity with a prostitute. Id. at 443, 116 S.Ct. 994. The car was forfeited and the wife contested the forfeiture on due process grounds. Id. at 446, 116 S.Ct. 994. In a 5-4 decision, the Court upheld the forfeiture, but did so narrowly on facts which are easily distinguishable from the instant case.