Monday, May 09, 2005
Recently my car, which had been vandalized, was seized by the city off my property.
I haven't yet discussed it with my lawyer. It's one of those cases that may be too small to be worth fighting, and might not even be winnable, although we recently did win a small claims case involving the same car.
So I was pleased to see this at 4th amendment com. On the other hand, I think it's distinguishable, and I don't have lexis. Still I'm making a note of it.
More cars are stolen each year by government than by everyone else combined,. Somebody should do something.
Qualified immunity denied to officer who seized derelict vehicles from plaintiff's property because he could not claim that he was no on notice that the ordinance was unconstitutional for denying all due process before seizure; even reliance on city attorney's advice was insufficient: Lawrence v Reed (2005, CA10 Wyo) 2005 US App Lexis 7911 (other parties to case had settled with plaintiff; no exception for discussing case with the city attorney who apparently was oblivious to constitutional requirements of due process and notice and entries to seize).
The fourth amendment website is not on my usual list of blogs to read; maybe it should be.
PA statute that gives Game Officers authority to stop and ask for identification any person without RS is unconstitutional under Hiibel; RS was foundation of Hiibel: Commonwealth v Ickes (2005, Pa) 2005 Pa Lexis 945.
That issue came up on slashdot yesterday, in a discussion of the real ID bill.
www.unrealid.com is bill scannell's latest effort.
Handcuffing and transporting to another location with PC states a claim for relief under ยง 1983: Roy v Town Of Newburgh (2005, SD Ind) 2005 US Dist Lexis 7086.*
The indiana law blog will be missed; it used to cover these local stories.
I haven't yet discussed it with my lawyer. It's one of those cases that may be too small to be worth fighting, and might not even be winnable, although we recently did win a small claims case involving the same car.
So I was pleased to see this at 4th amendment com. On the other hand, I think it's distinguishable, and I don't have lexis. Still I'm making a note of it.
More cars are stolen each year by government than by everyone else combined,. Somebody should do something.
Qualified immunity denied to officer who seized derelict vehicles from plaintiff's property because he could not claim that he was no on notice that the ordinance was unconstitutional for denying all due process before seizure; even reliance on city attorney's advice was insufficient: Lawrence v Reed (2005, CA10 Wyo) 2005 US App Lexis 7911 (other parties to case had settled with plaintiff; no exception for discussing case with the city attorney who apparently was oblivious to constitutional requirements of due process and notice and entries to seize).
The fourth amendment website is not on my usual list of blogs to read; maybe it should be.
PA statute that gives Game Officers authority to stop and ask for identification any person without RS is unconstitutional under Hiibel; RS was foundation of Hiibel: Commonwealth v Ickes (2005, Pa) 2005 Pa Lexis 945.
That issue came up on slashdot yesterday, in a discussion of the real ID bill.
www.unrealid.com is bill scannell's latest effort.
Handcuffing and transporting to another location with PC states a claim for relief under ยง 1983: Roy v Town Of Newburgh (2005, SD Ind) 2005 US Dist Lexis 7086.*
The indiana law blog will be missed; it used to cover these local stories.
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