United States v. One 1985 Mercedes, and Kenneth Robert Glenn, Intervenor-Appellant

The district court granted summary judgment for the government in a civil forfeiture action against Robert Kenneth Glenn’s Mercedes automobile. We conclude that the district court did not err by denying Glenn discovery concerning the government’s civil forfeiture policies. We therefore affirm the grant of summary judgment in favor of the government.

I. BACKGROUND

Kenneth Robert Glenn was arrested in April 1986 by FBI agents as he exited his Mercedes. The agents searched Glenn and found a small quantity of cocaine, worth about $75.00, in his wallet. The agents seized the Mercedes for forfeiture pursuant to 21 U.S.C. § 881 (a)(4) and 49 U.S.C.App. § 782.

In July 1986, the government filed a civil complaint in the United States District Court for the Northern District of California seeking forfeiture of Glenn’s Mercedes, which was worth about $45,000. In separate criminal proceedings, Glenn was tried and convicted in Rhode Island for the charges that led to the warrant for his arrest. In September 1987, the United States Court of Appeals for the First Circuit overturned Glenn’s conviction and ordered the indictment against him dismissed with prejudice. See United States v. Glenn,…