United States Ninth Circuit

In an action brought under 42 U.S.C. section 1983 alleging that the procedure provided by the City of Los Angeles for contesting parking citations, as set forth in the California Vehicle Code, deprives contestants of property without due process, the district court's dismissal is affirmed where: 1) plaintiff’s modest interest in temporarily retaining the amount of a parking penalty was outweighed by the City's more substantial interests in discouraging dilatory challenges, promptly collecting penalties, and conserving scarce resources; and 2) plaintiff’s substantive due process challenge failed because he did not allege conduct so egregious as to amount to an abuse of power lacking any reasonable justification in the service of a legitimate governmental objective.

Appellate Information

• Published 2017/01/20

Judges

• ZOUHARY

Court

• United States Ninth Circuit

Counsel