Javier Torres v. Terry Goddard

The state of Arizona had a coyote problem: Not the four-legged furry kind that occasionally abscond with pets, but the kind who smuggle undocumented aliens into the United States for a fee. As part of the effort to combat the proliferation of coyotes, between 2001 and 2006 Arizona officials executed over twenty warrants to seize thousands of wire transfers that they claimed were highly likely to be connected to criminal conduct. Plaintiffs sent money via Western Union that was seized pursuant to two of these warrants. They allege the seizures were unconstitutional and seek damages,, as well as injunctive and declaratory relief, against the state officials they claim are responsible for the seizures. We determine whether defendants’ actions are protected by absolute immunity.

I. BACKGROUND

The warrant program was carried out by the Arizona Financial Crimes Task Force. The Task Force consisted of personnel from several public agencies including the Arizona Attorney General’s Office. Cameron Holmes, an Assistant Attorney General and civil forfeiture prosecutor, worked with the Task Force. Holmes sought court approval for and obtained seizure warrants pursuant to Arizona’s…