United States Ninth Circuit

The government must attempt to notify the owner of a vehicle parked in violation of a valid "planned non-operation" (PNO) certificate before the government may tow and impound it. In a 42 U.S.C. section 1983 action against an officer and a company that executed a tow on plaintiff's vehicle alleging a due process claim, summary judgment for defendants is affirmed where: 1) defendant-officer was entitled to qualified immunity as he did not violate plaintiff's clearly established right by calling for her car to be towed; and 2) the facts of this case justified allowing defendant-towing company to assert a "good faith" defense.

Appellate Information

• Argued 07/11/2007
• Decided 03/11/2008
• Published 03/11/2008

Judges

• KOZINSKI, Chief Judge:, Before:  ALEX KOZINSKI, Chief Judge, ANDREW J. KLEINFELD and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Donald E. Chadwick, Northridge, CA, for the appellant.


• For Appellees:
  
• Michael E. Sayer and Damian J. Nassiri, Claims Legal Management, APC, Irvine, CA, for the appellees.