Salazar

Conservation Force v. Salazar

Good Law
677 F. Supp. 2d 1203·2009 WL 5247417·2009 U.S. Dist. LEXIS 123997
United States District Court, Northern District of CaliforniaDecember 30, 2009C 09-1170 VRWCalifornia4,007 words

Opinion

Opinion

Walker, J.

ORDER

This case involves plaintiffs’ challenges to defendants’ seizure, petition for remission and forfeiture practices in regard to sport-hunted trophies (“trophies”) imported into the United States. Doc. # 14. On October 1, 2009, the court heard argument on defendants’ motion to dismiss plaintiffs’ first amended complaint (“FAC”). For the foregoing reasons, defendants’ motion (Doc. # 27) is GRANTED.

I

On March 17, 2009, plaintiffs Conservation Force, Miguel Madero Blasquez and Colin G. Crook initiated this action by filing a complaint against defendants Ken Salazar, Rowan Gould, Daniel G. Shillito, Carolyn Lown and the United States Fish and Wildlife Service (“FWS”) alleging violations of the Civil Asset Forfeiture Reform Act (“CAFRA”), the Administrative Procedure Act (“APA”), the Endangered Species Act (“ESA”), the Eighth Amendment and substantive and procedural due process. Doc. # 1.

The individual plaintiffs, Blasquez and Crook, describe themselves as “hunters.” Doc. # 14 at 4-5. Each alleges that he took wildlife from Zambia or Nambia and attempted to import the resulting trophies into the United States only to have them seized and forfeited due to defendants’ allegedly…

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