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Reading through the article's comments there's one from "LegalBeagle" that criticizes the man's lawyer for using the wrong argument in the lawsuit, and instead should've filed the lawsuit as a violation of the 5th Amendment.

Luckily he must've gotten a better lawyer, because an appeal was allowed to continue under grounds the DEA violated the Takings Clause of the 5th Amendment:

> Because plaintiffs have stated facts sufficient to demonstrate that the government physically deprived them of property for the duration of the controlled drug delivery operation, we hold that plaintiffs have stated a claim for a taking compensable under the Fifth Amendment. We therefore deny defendant’s motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6).

https://www.courtlistener.com/opinion/4467728/patty-v-united...




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