United States Eighth Circuit

In a federal civil rights action under 42 U.S.C. section 1983 against the City of Grand Forks claiming that the City, in fining plaintiff for a traffic violation under a city ordinance, with the fine exceeding the amount of money authorized under North Dakota state law, violated various federal constitutional rights, dismissal of the complaint is affirmed where: 1) even if the City in fact violated state law, a mere violation of a state law does not give rise to a federal due process violation; 2) based on plaintiff's own pleadings, it appeared that all drivers cited for careless driving received the same fine, and thus, the City treated similar offenders the same; and 3) plaintiff did not show that the City's fines were grossly disproportionate in a constitutional sense.

Appellate Information

• Decided 07/27/2010
• Published 07/27/2010

Judges

• Myron D. Bright

Court

• United States Eighth Circuit

Counsel