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N.D.Ohio: OFAC's Fourth Amendment violation remedied by post-deprivation remedy

By John Wesley Hall, Jr.

On reconsideration from Kindhearts for Charitable Humanitarian Dev. v. Geithner, 647 F. Supp. 2d 857 (N.D. Ohio 2009), posted here, the indefinite asset seizure by Office of Foreign Asset Control is not a reasonable seizure, and the plaintiff must have a Fourth Amendment remedy, and this is a difficult question. Giving a post-deprivation remedy satisfies the Fourth Amendment. Kindhearts for Charitable Humanitarian Dev. v. Geithner, 2010 U.S. Dist. LEXIS 45175 (N.D. Ohio May 10, 2010): It is the role of the judiciary, however, to ensure the protection of individual rights. E.g., Trop v. Dulles, 356 U.S. 86, 103 (1958) ("The Judiciary has the duty of implementing the constitutional safeguards that protect individual rights. When the Government acts to take away [fundamental rights] ...continue to full post

Full post as published by Fourth Amendment on May 12, 2010 (boomark / email).