Anyone have any good/recent forms concerning the State's Answer to a counterclaim filed by a defendant in a forfeiture proceeding? (asserting immuntiy, verified denial, etc.)

Call me at (806) 379-2255, and I'll be glad to send you our forms. One problem may exist with our forms: they generally predate the Supreme Court's opinion in Reata Const. v. City of Dallas (which holds that sovereign immunity from suit is waived by the governmental unit's assertion of an affirmative claim for relief). Thus, the immunity issues may not be effective.

Look at State of Texas vs. $17,270 in US Currency (2000 WL 134689 (Tex.App.-Houston [1st Dist]). It upheld an absolute immunity for prosecutors in a forfeiture context.

Reata obviously presents a problem in asserting a defense. However, there are major differences: suit for damages vs. in rem proceeding against property; express statutory action to forfeit contraband vs. common law claims for monetary relief.

Just a thought.