United States Second Circuit

In an action regarding plaintiff's right to procedural due process, the district court judgment is reversed and remanded where: 1) the court granted summary judgment but does not permit a municipality to retain a vehicle for public safety reasons; and 2) the court failed to grant summary judgment after a municipality made a prima facia case that retention is necessary to protect its interests, to shift the burden of going forward onto the title owner to identify an alternative measure that would satisfy the municipality's interests.

Appellate Information

• Published 2016/12/27

Judges

• LIVINGSTON

Court

• United States Second Circuit

Counsel