OPINION OF THE COURT
ALVAREZ V. SMITH
558 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES
NO. 08-351
ANITA ALVAREZ, COOK COUNTY STATE’S ATTORNEY,
PETITIONER
v. CHERMANE SMITH et al.
on writ of certiorari to the united states court of
appeals for the seventh circuit
[December 8, 2009]
Justice Breyer delivered the
opinion of the Court.
We granted certiorari in this
case to determine whether Illinois law provides a sufficiently
speedy opportunity for an individual, whose car or cash police have
seized without a warrant, to contest the lawfulness of the seizure.
See U. S. Const., Amdt. 14, §1;
United States v.
Von
Neumann,
474 U.
S. 242 (1986);
United States v.
$8,850,
461 U. S. 555
(1983). At the time of oral argument, however, we learned that the
underlying property disputes have all ended. The State has returned
all the cars that it seized, and the individual property owners
have either forfeited any relevant cash or have accepted as final
the State’s return of some of it. We consequently find the case
moot, and we therefore vacate the judgment of the Court of Appeals
and remand the case to that court with instructions to dismiss.
United States v.
Munsingwear, Inc.,
340 U. S. 36, 39 (1950);
see also E. Gressman, K. Geller, S. Shapiro, T. Bishop, & E.
Hartnett, Supreme Court Practice 941–942 (9th ed. 2007).
I
Illinois law provides for
forfeiture of movable personal property (including cars and cash)
used “to facilitate” a drug crime. Ill. Comp. Stat., ch. 720,
§570/505(a)(6) (West 2008). It permits a police officer to seize
that property without a warrant where (1) the officer has “probable
cause to believe” the property was so used and (2) a “warrantless
seizure … would be reasonable” in the circumstances. §570/505(b).
When an officer has seized property without a warrant, the relevant
law enforcement agency must notify the State’s Attorney within 52
days of the seizure; the State’s Attorney must notify the property
owner of any impending forfeiture within a further 45 days; and, if
the owner wishes to contest forfeiture, the State’s Attorney must
begin judicial forfeiture proceedings within yet a further 45 days.
See ch. 725, §§150/5–150/6. Thus, the statute gives the State up to
142 days, nearly five months, to begin judicial forfeiture
proceedings—during which time the statute permits the State to keep
the car or cash within its possession.
On November 22, 2006, six
individuals (the respondents or “plaintiffs”) brought this federal
civil rights action against defendants the city of Chicago, the
Superintendent of the Chicago Police Department, and the Cook
County State’s Attorney (the petitioner here, whom we shall call
the “State’s Attorney”). See Rev. Stat. §1979, 42 U. S. C.
§1983. Three of the individuals, Chermane Smith, Edmanuel Perez,
and Tyhesha Brunston, said that earlier in 2006 the police had,
upon their arrests, seized their cars without a warrant. See
Complaint ¶25, App. 34a (Smith, seizure on Jan. 19, 2006);
id., ¶26, at 34a (Perez, seizure on Mar. 8, 2006);
id., ¶27, at 34a (Brunston, seizure on Apr. 8, 2006);
Plaintiffs’ Motion for Class Certification ¶8, at 39a. The other
three plaintiffs, Michelle Waldo, Kirk Yunker, and Tony Williams,
said that earlier in 2006 police had, upon their arrests, seized
their cash without a warrant. See Complaint ¶28, at 34a–35a (Waldo,
seizure on Jan. 20, 2006);
id., ¶29, at 35a (Yunker,
seizure on Sept. 26, 2006);
id., ¶30, at 35a (Williams,
seizure in July 2006); Plaintiffs’ Motion for Class Certification
¶8, at 39a. The plaintiffs added that the police department still
had custody of their property. See Complaint ¶¶24–30, at 34a–35a.
They claimed that the failure of the State to provide a speedy
postseizure hearing violated the federal Due Process Clause. See U.
S. Const., Amdt. 14, §1. And they asked the court (1) to certify
the case as a class action, (2) to declare that they had a due
process right to a prompt postseizure probable-cause hearing, (3)
to declare that the hearing must take place within 10 days of any
seizure, and (4) to enjoin the defendants’ current practice of
keeping the property in custody for a longer time without a
judicial determination of probable cause. See Complaint ¶36, App.
36a.
The defendants moved to dismiss the complaint
on the ground that Seventh Circuit precedent made clear that “the
Constitution does not require any procedure prior to the actual
forfeiture proceeding.”
Jones v.
Takaki, 38
F. 3d 321, 324 (1994) (citing
Von Neumann,
supra, at 249). On February 22, 2007, the District Court
granted the motion to dismiss. It also denied the plaintiffs’
motion for class certification. The plaintiffs appealed.
On May 2, 2008, the Seventh Circuit decided
the appeal in the plaintiffs’ favor.
Smith v.
Chicago, 524 F. 3d 834. It reconsidered and departed
from its earlier precedent.
Id., at 836–839. It held that
“the procedures set out in” the Illinois statute “show insufficient
concern for the due process right of the plaintiffs.”
Id.,
at 838. And it added that, “given the length of time which can
result between the seizure of property and the opportunity for an
owner to contest the seizure under” Illinois law, “some sort of
mechanism to test the validity of the retention of the property is
required.”
Ibid. The Court of Appeals reversed the
judgment of the District Court and remanded the case for further
proceedings.
Id., at 839. Its mandate issued about seven
weeks thereafter.
On February 23, 2009, we granted certiorari to
review the Seventh Circuit’s “due process” determination. The Court
of Appeals then recalled its mandate. The parties filed briefs in
this Court. We then recognized that the case might be moot, and we
asked the parties to address the question of mootness at the
forthcoming oral argument.
At oral argument counsel for both sides
confirmed that there was no longer any dispute about ownership or
possession of the relevant property. See Tr. of Oral Arg. 5
(State’s Attorney);
id., at 56–57 (plaintiffs). The State
had returned the cars to plaintiffs Smith, Perez, and Brunston. See
id., at 5. Two of the plaintiffs had “defaulted,”
apparently conceding that the State could keep the cash.
Ibid. And the final plaintiff and the State’s Attorney
agreed that the plaintiff could keep some, but not all, of the cash
at issue.
Id., at 5, 56–57. As counsel for the State’s
Attorney told us, “[T]hose cases are over.”
Id., at 5.
II
The Constitution permits this
Court to decide legal questions only in the context of actual
“Cases” or “Controversies.” U. S. Const., Art. III, §2. An
“ ‘actual controversy must be extant at all stages of review,
not merely at the time the complaint is filed.’ ”
Preiser v.
Newkirk,
422 U. S. 395, 401
(1975) (quoting
Steffel v.
Thompson,
415 U. S. 452, 459,
n. 10 (1974)). In this case there is no longer any actual
controversy between the parties about ownership or possession of
the underlying property.
The State’s Attorney argues that
there is a continuing controversy over damages. We concede that the
plaintiffs filed a motion in the District Court seeking damages.
But the plaintiffs filed their motion after the Seventh Circuit
issued its opinion. And, after this Court granted certiorari, the
Court of Appeals recalled its mandate, taking the case away from
the District Court before the District Court could respond to the
motion. Thus, we have before us a complaint that seeks only
declaratory and injunctive relief, not damages.
The plaintiffs point out that they sought
certification of a class. And a class might well contain members
who continue to dispute ownership of seized property. But that fact
is beside the point. The District Court denied the plaintiffs’
class certification motion. The plaintiffs did not appeal that
denial. Hence the only disputes relevant here are those between
these six plaintiffs and the State’s Attorney; those disputes
concerned cars and cash; and those disputes are now over.
United States Parole Comm’n v.
Geraghty,
445 U. S. 388, 404
(1980) (“A named plaintiff whose claim expires may not continue to
press the appeal on the merits until a class has been properly
certified”).
The parties, of course, continue to dispute
the lawfulness of the State’s hearing procedures. But that dispute
is no longer embedded in any actual controversy about the
plaintiffs’ particular legal rights. Rather, it is an abstract
dispute about the law, unlikely to affect these plaintiffs any more
than it affects other Illinois citizens. And a dispute solely about
the meaning of a law, abstracted from any concrete actual or
threatened harm, falls outside the scope of the constitutional
words “Cases” and “Controversies.” See,
e.g.,
Lewis v.
Continental Bank Corp.,
494 U. S. 472, 477
(1990);
North Carolina v.
Rice,
404 U. S. 244, 246
(1971)
(per curiam); Aetna Life Ins. Co. v.
Haworth,
300 U. S. 227, 241
(1937);
Mills v.
Green,
159 U. S. 651, 653
(1895).
We can find no special circumstance here that
might warrant our continuing to hear the case. We have sometimes
heard attacks on practices that no longer directly affect the
attacking party, but are “capable of repetition” while “evading
review.” See,
e.g., Federal Election Comm’n v.
Wisconsin Right to Life, Inc.,
551 U. S. 449, 462
(2007);
Southern Pacific Terminal Co. v.
ICC,
219 U. S. 498,
515 (1911). Yet here, unlike those cases, nothing suggests that the
individual plaintiffs will likely again prove subject to the
State’s seizure procedures. See
Los Angeles v.
Lyons,
461
U. S. 95, 109 (1983) (“[T]he capable-of-repetition doctrine
applies only in exceptional situations, and generally only where
the named plaintiff can make a reasonable showing that he will
again be subjected to the alleged illegality”);
DeFunis v.
Odegaard,
416 U. S. 312, 318–319
(1974)
(per curiam). And in any event, since those who are
directly affected by the forfeiture practices might bring damages
actions, the practices do not “evade review.” See
Memphis
Light, Gas & Water Div. v.
Craft,
436 U. S. 1, 8–9 (1978)
(damages claim saves case from mootness). Consequently, the case is
moot. See,
e.g., Preiser,
supra, at
403–404;
Mills,
supra, at 658.
III
It is less easy to say whether we
should order the judgment below vacated. The statute that enables
us to vacate a lower court judgment when a case becomes moot is
flexible, allowing a court to “direct the entry of such appropriate
judgment, decree, or order, or require such further proceedings to
be had as may be just under the circumstances.” 28 U. S. C.
§2106; see also
U. S. Bancorp Mortgage Co. v.
Bonner
Mall Partnership,
513 U. S. 18, 21 (1994).
Applying this statute, we normally do vacate the lower court
judgment in a moot case because doing so “clears the path for
future relitigation of the issues between the parties,” preserving
“the rights of all parties,” while prejudicing none “by a decision
which … was only preliminary.”
Munsingwear, 340 U. S., at
40.
In
Bancorp,
however, we described circumstances where we would not do so. We
said that, “[w]here mootness results from settlement” rather than
“ ‘happenstance,’ ” the “losing party has voluntarily
forfeited his legal remedy … [and] thereby surrender[ed] his claim
to the equitable remedy of vacatur.” 513 U. S., at 25. The
plaintiffs, pointing out that the State’s Attorney agreed to return
all three cars and some of the cash, claim that, with respect to at
least four of the plaintiffs, this case falls within
Bancorp’s “settlement” exception.
In our view, however, this case more closely
resembles mootness through “happenstance” than through
“settlement”—at least the kind of settlement that the Court
considered in
Bancorp. Bancorp focused upon a
bankruptcy-related dispute that involved a legal question whether a
bankruptcy court could lawfully confirm a debtor’s Chapter 11
reorganization plan if the plan relied upon what the debtor said
was a special exception (called the “new value exception”) to
ordinary creditor priority rules.
Id., at 19–20. The
parties contested that legal issue in the Bankruptcy Court; they
contested it in an appeal of the Bankruptcy Court’s order to the
Federal District Court; they contested it in a further appeal to
the Court of Appeals; and eventually they contested it in this
Court.
Id., at 20. While the case was pending here, the
parties settled their differences in the Bankruptcy Court (the
court where the case originated)—including their differences on
this particular contested legal point.
Ibid. They agreed
upon a reorganization plan, which they said would constitute a
settlement that mooted the federal case.
Ibid.
Recognizing that the reorganization plan that
the Bankruptcy Judge confirmed in the case amounted to a settlement
that mooted the case, this Court did
not vacate the lower
court’s judgment. The Court’s reason for leaving the lower court’s
judgment in place was that mootness was
not a result of
“the vagaries of circumstance.”
Id., at 25. Rather the
party seeking review had “
caused the mootness by voluntary
action.”
Id., at 24 (emphasis added). By virtue of the
settlement, that party had “voluntarily forfeited his legal remedy
by the ordinary processes of appeal or certiorari.”
Id.,
at 25. Hence, compared to mootness caused by “happenstance,”
considerations of “equity” and “fairness” tilted against vacatur.
Id., at 25–26.
Applying these principles to the case before
us, we conclude that the terminations here fall on the
“happenstance” side of the line. The six individual cases proceeded
through a different court system without any procedural link to the
federal case before us. To our knowledge (and we have examined the
state-court docket sheets), no one in those cases raised the
procedural question at issue here. Rather, the issues in those six
cases were issues solely of state substantive law: Were the cars
and the cash forfeitable or not? And court docket sheets suggest
that the six state cases terminated on substantive grounds in the
ordinary course of such state proceedings. In the three automobile
cases, the State voluntarily dismissed the proceedings and returned
the cars between 11 and 40 months after the seizures, a long enough
time for the State to have investigated the matters and to have
determined (after the termination of any related criminal
proceedings) for evidentiary reasons that it did not wish to claim
the cars. See Dockets in
People v.
2004 Chevrolet
Impala, No. 2006–COFO–000296 (Cook County, IL) (Brunston’s car
returned on July 27, 2009);
People v.
Smith, No.
2006–COFO–000036 (Cook County, IL) (Smith’s car returned on May 5,
2008); and
People v.
1999 Chevrolet Malibu, No.
2006–COFO–000288 (Cook County, IL) (Perez’s car returned on Jan.
29, 2007). In the remaining contested case, involving cash, the
State voluntarily dismissed the proceedings after 14 months, again
a long enough time for the State to have weighed the evidence and
found a compromise settlement appropriate on the merits. See Docket
in
People v.
$1,500 in U. S. Currency, No.
2006–COFO–000201 (Cook County, IL) (Waldo’s cash returned on Mar.
19, 2007). The disparate dates at which plaintiffs’ forfeiture
proceedings terminated—11, 14, 27, and 40 months after the
seizures—indicate that the State’s Attorney did not coordinate the
resolution of plaintiffs’ state-court cases, either with each other
or with plaintiffs’ federal civil rights case. Cf.
Munsingwear, 340 U. S., at 39–40 (stating that a lower
court judgment would have been vacated even though an action of the
party seeking review had brought about the mootness
because that action—a commodity being decontrolled by
Executive Order—was basically unrelated); see also
Fleming
v.
Munsingwear, Inc., 162 F. 2d 125, 127 (CA8
1947).
For these reasons, we believe that the
presence of this federal case played no significant role in the
termination of the separate state-court proceedings. This
conclusion is reinforced by the fact that neither party, although
aware of
Bancorp, suggested the contrary at oral argument.
Indeed, both parties argued against mootness at oral argument, a
fact that further suggests that a desire to avoid review in this
case played no role at all in producing the state case
terminations. Tr. of Oral Arg. 5–11, 33–38. And if the presence of
this federal case played no role in causing the termination of
those state cases, there is not present here the kind of “voluntary
forfeit[ure]” of a legal remedy that led the Court in
Bancorp to find that considerations of “fairness” and
“equity” tilted against vacatur.
We consequently conclude that we should follow
our ordinary practice, thereby “clear[ing] the path for future
relitigation of the issues.”
Munsingwear, 340 U. S., at
40. Thus, nothing in this opinion prevents the plaintiffs from
bringing a claim for damages based on the conduct alleged in their
complaint.
Id., at 37–40.
We therefore vacate the judgment of the Court
of Appeals and remand the case to that court with instructions to
dismiss.
It is so ordered.
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