Seventh Circuit: Blake Conyers v. City of Chicago

 

Claim arising from the destruction of arrestees' property after a set period sounds in 14A Due Process or 5A Takings, not under the Fourth Amendment.

While the property was taken under the police power rather than eminent domain, federal constitutional limits remain on the disposal of the items.  In this context, a thirty day holding period with adequate notice suffices for the purposes of the Fifth Amendment.

Screenshot with evidentiary foundation from the head of department suffices to establish that the website was functioning during the relevant period.

Plaintiffs' burden to prove that they lacked access to the internet in order to discover the relevant notice requires that they establish why the specific procedures of mediated inmate internet reference access were insufficient.


http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2021/D08-18/C:20-1934:J:Wood:aut:T:fnOp:N:2749668:S:0