Term: 2009
Docket: 08-351
Anita Alvarez, Cook County State's Attorney v. Chermane Smith Et Al.
- Pro
08-351 ALVAREZ V. SMITH DECISION BELOW: 524 F.3d 834 LIMITED TO QUESTION 1 PRESENTED BY THE PETITION CERT. GRANTED 2/23/2009 QUESTION PRESENTED: 1. In determining whether the Due Process Clause requires a State or local government to provide a post-seizure probable cause hearing prior to a statutory judicial forfeiture proceeding and, if so, when such a hearing must take place, should district courts apply the "speedy trial" test employed in United States v. $8,850, 461 U.S. 555 (1983) and Barker v. Wingo, 407 U.S. 514 (1972) or the three-part due process analysis set forth in Mathews v. Eldridge, 424 U.S. 319 (1976)? 2. In light of this Court's holding in Lujan v. Defenders of Wildlife, 504 U.S. 555, 560- 561 (1992), may a court of appeals order a district court to enter permanent injunctive relief enjoining the application of a State statute based simply upon Plaintiffs' allegations in a complaint, where the parties are not at issue as no answer was filed in the district court and no evidence was ever heard in that court? LOWER COURT CASE NUMBER: 07-1599
In the case of Anita Alvarez, Cook County State's Attorney v. Chermaine Smith et al., 2009, the U.S. Supreme Court examined whether a state law that allowed for eviction notices to be served by affixing them to the door of a property was constitutional under due process rights. The plaintiffs were tenants who had been evicted from their homes after such notices were posted on their doors and they failed to respond within time limits set by Illinois law. They argued that this method of service violated their right to due process because it did not provide sufficient notice or opportunity for them to challenge the eviction proceedings in court before being removed from their homes. The Supreme Court ruled in favor of Alvarez, finding that posting an eviction notice on a tenant's door is constitutionally adequate as long as reasonable efforts are made first to personally serve the tenant with notice and those attempts fail. The court held that while personal service is preferable when feasible, alternative methods like posting can satisfy due process requirements if they are likely enough under circumstances present at hand.
The dissenting opinion in the case of Anita Alvarez, Cook County State's Attorney v. Chermaine Smith et al., 2009 was not provided in the original document or is unavailable for review. Therefore, a summary cannot be produced at this time.
