Legal Opinion
Upshaw v. US CUSTOMS SERV., DEPT., TREAS.
District Court, D. Massachusetts
Decided July 18, 2001No. 01-10040-PBSPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SARIS, District Judge.
I. INTRODUCTION
Pro se Plaintiff Kevin L. Upshaw filed this verified complaint seeking judicial review of administrative forfeiture proceedings pursuant to the Administrative Procedures Act, 5 U.S.C. § 702, and the Fourth, Fifth, and Fourteenth Amendments. He claims that the seizure of $50,000.00 by Defendant United States Customs Service was unconstitutional, because he is an interested party who received inadequate notice under the Due Process Clause of the Constitution. The Customs Service moved to dismiss the complaint pursuant to Fed.R.Civ.P.…
2Cases cited16 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Bell v. HoodSupreme Court of the United States · 1946
- United States v. JacobsenSupreme Court of the United States · 1984
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3Cited by3 opinions
- Ramirez v. United StatesUnited States Court of Federal Claims · 2003
- United States v. HugginsDistrict Court, D. Delaware · 2009
- Upshaw v. MaxfieldDistrict Court, S.D. New York · 2022