Lundgren & Johnson, PSC

serving the twin cities metro and greater minnesota

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$84,500 SETTLEMENT WITH CITY FOR UNLAWFUL CITY IMPOUNDMENT POLICY

$84,500 SETTLEMENT WITH CITY FOR UNLAWFUL CITY IMPOUNDMENT POLICY

The client was stopped while driving her car in Anoka County. The police ordered the car impounded and made arrangements to have it towed from the scene. Before towing the car, the police conducted an inventory search of the car and discovered suspected methamphetamine in a purse. The client was charged with felony drug possession and served with a notice of forfeiture for her vehicle. At the district court in Anoka County, the client challenged the impoundment and search of her vehicle, alleging that her Fourth Amendment rights to be free from unreasonable searches and seizures was violated. The case went all the way to the Minnesota Supreme Court, where the client prevailed. After many months and hard work, the appellate processes paid off. The Minnesota Supreme Court reversed the decisions of the district court and Minnesota Court of Appeals. The client’s conviction and sentence were vacated.

After the conclusion of the criminal case, the client filed suit in U.S. District Court alleging violations of her constitutional rights under 42 U.S.C. Section 1983. Specifically, the client filed a Monell claim against the city alleging that the city’s vehicle impoundment policy was unconstitutional and caused the violation of our client’s constitutional rights. After substantial litigation and briefing, summary judgment was ordered in favor of our client on the issue of liability. The city then agreed to settle the case for $84,500.