Spencer vs. City of Henderson c/w 89007
Docket No. 88629
Carson City – 1:30 p.m. – Full Court
The Henderson Police Department seized $21,563.00 in cash while searching the Spencers’ home pursuant to a search warrant regarding Mr. Spencer. Twenty-eight days later, the City of Henderson filed a forfeiture complaint against the cash. Mr. and Ms. Spencer brought several counterclaims, seeking return of the cash and damages and alleging that Nevada’s forfeiture scheme is facially unconstitutional. While the action was pending, the City returned the cash plus interest in full. The district court then dismissed the action as moot, including the counterclaims, which it held could not be asserted in an in rem forfeiture action. The district court also denied a later motion from Ms. Spencer seeking statutory sanctions in the form of attorney fees .