City of Birmingham v. Alexander

This is the second time this civil-forfeiture matter has come before this court. Ernest Alexander filed an action against the City of Birmingham (“the city”) in the Jefferson Circuit Court (“the trial court”) seeking the return of cash seized during a search of his residence. Alexander asserted that he was entitled to the return of the cash because, although a forfeiture proceeding had been prosecuted in federal court, no state forfeiture proceeding had been initiated. Alexander v. City of Birmingham, 99 So.3d 1251, 1252 (Ala.Civ.App.2012).

The city moved for a summary judgment, asserting,…