Gates v. City of Chicago

Dist. Ct. erred in granting defendants-City officials' motion for summary judgment in section 1983 class action alleging that notice given by defendants in inventory receipt to plaintiffs-arrestees violated their due process rights because it was misleading as to how plaintiffs could seek return of money seized at time of their arrests. Record contained evidence that said notice was inadequate where: (1) notice gave improper impression that defendant-City would send additional notice as to when plaintiffs' money would be available for release; and (2) defendants failed to properly publicize additional procedures necessary for return of money. Dist. Ct. also erred in finding that Pollard notice required for return of money to plaintiffs charged with narcotics offenses was adequate for due process purposes where defendants sent said notice to home address listed in inventory receipt under circumstances where defendants were also aware that said defendants were still incarcerated. Finally, Dist. Ct. erred in entering judgment in favor of defendants where defendants provided insufficient justification for instant procedure that shifted burden on plaintiffs to demonstrate entitlement to money at conclusion of their criminal cases.