U.S. Court of Appeals for the Eighth Circuit, 1999

Barbara McGee v. Nickolas Fredriken

Barbara McGee v. Nickolas Fredriken
U.S. Court of Appeals for the Eighth Circuit · Decided April 15, 1999

Barbara McGee v. Nickolas Fredriken

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-1486 ___________ Barbara McGee, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri.

Sgt. Nickolas Fredriken, * * [UNPUBLISHED] Appellee. * ___________ Submitted: March 22, 1999 Filed: April 15, 1999 ___________ Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges. ___________ PER CURIAM.

Barbara McGee commenced this action against a Drug Enforcement Administration officer seeking return of a forfeited automobile or compensatory damages. Because the relief she seeks would operate against the United States, McGee’s claim is subject to the six-year statute of limitations set forth in 28 U.S.C. § 2401(a). See Hawaii v. Gordon, 373 U.S. 57 (1963). A notice of forfeiture was mailed to McGee’s husband, the vehicle’s registered owner, in May 1990; he filed a claim and cost bond. Notice of the vehicle’s seizure was published for three successive weeks in August 1990. A default judgment of forfeiture was entered in April 1991. McGee commenced this action in August 1997. In these circumstances, we agree with the district court1 that McGee’s claim is time-barred.

The judgment of the district court is affirmed. See 8th Cir. Rule 47A(a).

A true copy.

Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

The HONORABLE RODNEY W. SIPPEL, United States District Judge for the Eastern District of Missouri. -2-

Case-law data current through December 31, 2025. Source: CourtListener bulk data.