Civil Procedure Keyed to Yeazell
Frier v. City of Vandalia
When Plaintiff parked one of his cars on a narrow street located in the Defendant, City of Vandalia (Defendant), which forced others to drive on someone else’s lawn to get around Plaintiff’s car, the police left two notes at Plaintiff’s house asking him to move the car. The police then towed the car back to a local garage and left a note for Plaintiff, telling him where he could find the car. The officer did not issue a citation for illegal parking. Plaintiff refused to pay the ten-dollar fee the garage wanted. Plaintiff also refused to keep his cars out of the street. The police had four of Plaintiff’s cars towed to the garage. Instead of paying the garage, Plaintiff filed suits in the courts of Illinois seeking replevin. Each suit named Defendant and the garage that towed the car. After losing in state court, Plaintiff turned to federal court. His complaint alleged that Defendant violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution (Constitution) by not granting him a hearing before or after it took his cars. The district court dismissed the complaint for failure to state a claim on which relief may be granted.
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