Gray v. City of Opelika

DONALDSON, Judge.

Darryl T, Gray filed a complaint against the City of Opelika (“the City”) and Benjamin Carswell in the Lee Circuit Court (“the trial court”) seeking the return of property formerly in his possession that had been seized by officers of the City of Opelika Police Department (“OPD”), including Carswell. The City and Carswell submitted documentary evidence showing that federal adoption of the seizure had occurred before Gray had filed his complaint in the trial court, and they moved to dismiss the action based on a lack of in rem jurisdiction. The motion to dismiss was granted,…