Bilida v. McCleod
United States Court of Appeals for the First Circuit
211 F.3d 166 (2000)
Relevant factsFree
Claire Bilida (plaintiff) rescued an orphaned raccoon and kept it as a pet for years without the permit state law required. When police discovered the raccoon during a security check, officers from the state environmental department (defendant) seized and later killed it to test for rabies. Bilida sued the department's director, arguing the seizure violated her due-process rights because she had a protectable property interest in the raccoon. The trial court disagreed and found she had no property interest at all. Bilida appealed.
IssueFree
Whether an individual has a constitutionally protected property interest in an item that state law makes illegal to possess.
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