City of Los Angeles v. David, Edwin
City of Los Angeles v. David, Edwin
Questions presented: Whether a city violates a person's federal due process rights to a hearing prompt hearing by waiting for almost a month after the person's car was towed for illegal parking before providing a hearing?
Brief: On Aug. 13, 1998, an officer for the city of Los Angeles had Edwin David's car towed from a spot where it was illegally parked. David paid $134.50, recovered his car and then sought a hearing to recover his money. Twent-seven days later, a hearing was held and David lost.
He then filed suit in federal court, claiming his civil rights were violated by the city failing to provide a sufficiently prompt hearing. The federal court dismissed the suit, but on Oct. 9, 2002, in a 2-1 opinion, a 9th Circuit Court of Appeals panel reversed, holding that the due process clause required the city to provide an earlier payment-recovery hearing.
On May 19, 2003, the U.S. Supreme Court granted certiorari and summarily reversed in a unanimous per curiam opinion without even scheduling oral arguments in the case.
"We conclude that the 30-day delay in holding a hearing here reflects no more than a routine delay substantially required by administrative needs," the opinion stated.
