Frier v. City Of Vandalia

770 F.2d 699 (7th Cir. 1985)

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Nature of the Case

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Facts

Vandalia (D) police had a garage tow Frier's (P) car because he had been given two written warnings on the windshield, but it was parked in such a way to block traffic. P did not receive a citation or a hearing either before the car was towed or after he refused to pay to retrieve it. The street was narrow, and D insisted on parking his cars on the street forcing other drivers to drive on another citizen’s lawn to get past P’s cars. P’s cars were towed to city garages, and P refused to pay the $10 garage fee. P sued D and the towing garage for replevin of his cars. P voluntarily dismissed some of the suits when he got his cars back. The two remaining cases were consolidated. The court determined that D had the right to tow P's car because it was obstructing traffic. P then filed a 42 U.S.C. Section 1983 suit in federal court, seeking equitable relief and compensatory and punitive damages from D for depriving him of his car without due process under color of law. The district court dismissed P's suit for a failure to state a claim on which relief may be granted. P appealed; he was not precluded from filing a federal suit under a different legal theory than the one he on which he based his state court action.