Chock one up for Russ Caswell, a victim of big government and zealous prosecution. Another defeat for liberal and Deval Patrick favorite, Carmen Ortiz.
When prosecutors tried to seize his family's Tewksbury motel where drug incidents had been reported, Russ Caswell couldn't believe the feds had the right to take a property from someone who was never charged with a crime.
Well, it turns out Caswell was right after all: A magistrate judge in Boston federal court just ruled that prosecutors didn't have enough evidence to justify seizing the Motel Caswell. They didn't even come close.
The Caswell case garnered national attention, particularly among individuals and groups concerned that this exemplified governmental overreach into a citizen's private life. The Institute for Justice, a libertarian-leaning law firm, jumped at the chance to defend Caswell's right to hold on to his property nearly two years ago.
Congrats to IFJ. Memo to Ortiz when you decide to confiscate private property don't come to a gunfight with IFJ armed with a paddle.
