United States Eighth Circuit

In a 42 U.S.C. section 1983 case against a towing company arising from its sale of plaintiff's car after he had been imprisoned and the car towed, summary judgment for defendant is reversed where: 1) plaintiff established that defendant was acting under color of state law in towing, storing, and selling his vehicle; 2) the Arkansas abandoned car statute was inapplicable to the situation and did not operate to give defendant a lien against plaintiff's truck; 3) plaintiff's section 1983 claim survived summary judgment as defendant's actions were redressable under that section; and 4) some state law claims survived summary judgment as well.

Appellate Information

• Decided 08/22/2007
• Published 08/22/2007

Judges

• BEAM, Circuit Judge., Before BYE, BEAM, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Morris W. Thompson, argued, Little Rock, AR, for appellant.


• For Appellees:
  
• John P. Talbot, argued, Pine Bluff, AR, for appellee.