LCBF prevails on behalf of police in civil rights case

In Christopher Chunn v Amtrak, et. al., (14 cv 6149), plaintiff sued Amtrak, two of its police officers, the United States Drug Administration and two DEA agents.  The Amtrak police had arrested plaintiff for Disorderly Conduct and Resisting Arrest.  When the Amtrak Police searched plaintiff, they found more than $10,000 in cash.  Plaintiff, who had slept in a passenger waiting room and was travelling without luggage, did not offer an explanation to the police for carrying that much cash and he refused to provide information about his employment.  The police called the DEA, which responded with a drug sniffing canine that "alerted" to narcotics on the cash.  Because the DEA failed to properly notify plaintiff of his right to challenge the seizure, it refunded plaintiff’s money.  Plaintiff claimed that the Amtrak police nevertheless violated his rights to due process and that they should have conducted a hearing before transmitting the cash to the DEA.  LCBF argued that the police were permitted to seize the money pursuant to a search incident to arrest and inventory search and that its responsibilities ended when the cash was transmitted to the DEA.  In a Decision and Order, Judge Paul Crotty (SDNY) dismissed the claims against the Amtrak Police and its officers.  The case was defended by Tina Bhatt and Ron Joseph.