Legal Opinion

Bowman v. United States

United States Court of Federal Claims

Decided April 25, 1996No. 95-391LPublishedCited by 37 opinions

1Opinion of the Court

OPINION

MEROW, Judge.

I. INTRODUCTION

This matter involves an interplay between two different clauses of the Fifth Amendment of the Constitution and presents a novel issue in Court of Federal Claims jurisprudence. Plaintiff, Linus W. Bowman, asserts that the Government violated the Double Jeopardy Clause by executing civil forfeitures of his property subsequent to criminal convictions.1 Plaintiff further alleges that he is entitled to relief pursuant to the Takings Clause2 for the deprivation of his property caused by the forfeitures.

Defendant moved to dismiss for lack of subject matter…

2Cases cited51 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. United States v. TestanSupreme Court of the United States · 1976
  4. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  5. United States v. HalperSupreme Court of the United States · 1989

46 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Westfed Holdings, Inc. v. United StatesUnited States Court of Federal Claims · 2002
  2. Crocker v. United StatesUnited States Court of Federal Claims · 1997
  3. Chevy Chase Land Co. of Montgomery County v. United StatesUnited States Court of Federal Claims · 1997
  4. Commonwealth Edison Co. v. United StatesUnited States Court of Federal Claims · 2000
  5. Paalan v. United StatesUnited States Court of Federal Claims · 2002

32 more not listed; retrieve them via the Exa API.

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