Julie Lelath Seguin v. Donald L. Eide, Et Ux.

This is an appeal from an adverse personal judgment against Donald Eide, a district director of United States Customs. Ms. Seguin brought a Bivens -type action against Eide, alleging that customs agents who seized her automobile violated her fifth amendment due process rights when they failed to refer her case promptly to the United States Attorney for forfeiture proceedings. Eide maintains that: (1) as a matter of law, the period between the time the seizure was reported to him and referral for forfeiture was too short to amount to a due process violation; (2) he is covered by official immunity; (3) no Bivens -type action can be maintained because Seguin could have pursued other remedies; and (4) the damage award was excessive. We agree with this latter contention and remand the case for a redetermination of damages, but conclude that Eide is personally liable.

I. FACTS

On February 5, 1975, David Benson, who identified himself as Michael Morrison, presented an air waybill to a customs inspector at the Seattle-Tacoma International Airport. Benson attempted to pick up two packages from South Africa. Ms. Seguin accompanied Benson to the airport in Benson’s automobile. She…