No. 18-405

Shabnam Dastmalchian v. Department of Justice, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-01
Status: Denied
Type: Paid
Response Waived
Tags: asset-forfeiture civil-procedure civil-rights constitutional-rights criminal-procedure due-process federal-criminal-procedure federal-immunity government-overreach government-seizure innocent-third-party property-rights takings third-party-property
Latest Conference: 2018-11-16
Question Presented (from Petition)

Whether the interplay of the Constitution, Fed.R.Crim.P. 7(c)(2), and 21 U.S.C. § 853 allow government employees to seize an innocent third party California LLC property, which had never been subject to a criminal investigation and conviction.

Whether the government employees are allowed to "bully and extort" a citizen against the established law, after terrorizing her with pressure, duress, coercion, mental anguish, and threat, then the lower courts gave them immunity, and left the Petitioner's tort claim against the United States unaddressed.

By extension, if a doctor practicing in a hospital is arrested and convicted of a crime relating to his medical practice at that hospital, does that conviction result in seizure or forfeiture of hospital property?

Question Presented (AI Summary)

Whether the interplay of the Constitution, Fed.R.Crim.P.7(c)(2), and 21 U.S.C. § 853 allow government employees to seize an innocent third party California LLC property, which had never been subject to a criminal investigation and conviction

Docket Entries

2018-11-19
Petition DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-22
Waiver of right of respondents Dept. of Justice, et al. to respond filed.
2018-09-27
Petition for a writ of certiorari filed. (Response due October 31, 2018)

Attorneys

Dept. of Justice, et al.
Noel J. FranciscoSolicitor General, Respondent
Shabnam Dastmalchian
Shabnam Dastmalchian — Petitioner