Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff-pretrial detainee’s complaint, alleging that defendant-City’s policy of selling or throwing away property surrendered by pre-trial detainees upon entry into jail, where detainee fails to make arrangements to have said property claimed within 30 days after entry into jail, violated his 4th Amendment and due process rights. Plaintiff’s arguments had previously been rejected in Conyers, 10 F.4th 704, where court held that 4th Amendment did not regulate disposition of seized property, and that due process clause was not violated, where defendant provided notice and opportunity to reclaim detainee’s property. Ct. rejected plaintiff’s contention that defendant must serve as unpaid custodian of his property for as long as it takes for him or his designee to retrieve his property.
Federal 7th Circuit Court
Civil Court
Due Process