Russell Caswell of Tewksbury, MA was notified about two and a half years ago, in September of 2009, that the federal government was seizing his motel through a process known as civil forfeiture. The government, in conjunction with the Tewksbury Police Department, had found that the Motel Caswell was the site of 7 major drug investigations and arrests from 2001–2008. In addition, the police claimed there were an estimated 100 drug investigations conducted on the property. Civil forfeiture does not require the owner to be accused of any crime, and does not require the state or federal government to compensate the owner in any way for the forfeiture. Caswell is being represented by Attorney Scott Bullock of the Institute for Justice, and they are currently awaiting a decision on a summary judgment motion, which asked that the judge dismiss the claim on Caswell’s motel on the grounds that the forfeiture is unconstitutional.
The Motel Caswell, a family-owned business in Tewksbury, MA, is currently involved in litigation with the Tewksbury Police Department. The TPD is attempting to seize the property, alongside the federal government, using a process known as civil forfeiture.