Antonnette A. Hopkins, individually and on behalf of all others similarly situated, Plaintiff - Appellant
The City of Bloomington, Defendant - Appellee
Submitted October 9, 2014
Appeal from United States District Court for the District of Minnesota - Minneapolis.
For Antonnette A. Hopkins, individually and on behalf of all others similarly situated, Plaintiff - Appellant: A. L. Brown, CAPITOL CITY LAW GROUP, Saint Paul, MN; Anthony James Nemo, MESHBESHER & SPENCE, Minneapolis, MN.
For The City of Bloomington, Defendant - Appellee: Jon K. Iverson, Attorney, Amanda Lea Stubson, IVERSON & REUVERS, Bloomington, MN.
Before RILEY, Chief Judge, WOLLMAN and BYE, Circuit Judges.
BYE, Circuit Judge.
Antonnette A. Hopkins filed this 42 U.S.C. § 1983 action against the City of Bloomington (the City), alleging Minnesota's vehicle forfeiture statute violated her due process rights under the Fifth Amendment and article I, section 7, of the Minnesota Constitution, and amounted to an unreasonable seizure in violation of the Fourth Amendment and article I, section 10, of the Minnesota Constitution. The district court dismissed Hopkins's complaint, and she appeals. We affirm.
After Hopkins was arrested for driving while impaired, her third driving while impaired offense in ten years, police officers towed and impounded her vehicle under Minnesota Statute § 169A.63, subdivision 1(e)(1) (2009). Hopkins received a notice of seizure and intent to forfeit her vehicle from the officers. Hopkins was thereafter charged with one count of second-degree driving while impaired. Hopkins made her initial appearance in the case on March 17, 2011, the day after being arrested, and was released with conditions after posting bond.
On March 30, 2011, Hopkins filed a demand for a judicial determination pursuant to Minnesota Statute § 169A.63, subdivision 9 (2009), challenging the vehicle forfeiture and requesting the immediate return of her vehicle. The court administrator, however, did not schedule a hearing on the demand because according to subdivision 9(d), " [a] judicial determination . . . must not precede adjudication in the criminal prosecution of the designated offense without the consent of the prosecuting authority." Hopkins neither requested a decision on her demand prior to the resolution of her underlying criminal case nor utilized the procedures offered by subdivision 4, which allow an owner to give security or post bond in exchange for the vehicle. On September 5, 2012, Hopkins voluntarily withdrew her demand for judicial determination. Hopkins pled guilty on January 30, 2013.
Hopkins then filed this § 1983 claim, alleging the Minnesota vehicle forfeiture statute violated both the federal and state constitutions by depriving Hopkins of procedural due process and by unreasonably seizing her vehicle. The City moved for dismissal of the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court granted the City's motion to dismiss for all four of Hopkins's claims, finding the claim for a lack of pre-deprivation procedural due process failed as a matter of law, the claim for a lack of post-deprivation procedural due process was barred because Hopkins failed to exhaust available state remedies, the Fourth Amendment claim was not cognizable, and Hopkins conceded to dismissal of her state constitutional claims. Hopkins appeals.
We " review[ ] de novo the grant of a motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6)." Levy v. Ohl, 477 F.3d 988, 991 (8th Cir. 2007). We will affirm the dismissal if the complaint fails to allege facts sufficient to " state a claim to relief that is plausible on its face." Walker v. Barrett, 650 F.3d 1198, ...