Kovach v. District Of Columbia

805 A.2d 957 (D.C. Ct. App. 2002)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

A camera was installed by Lockheed in August of 1999 at the authorization of the District government in order to catch speeders. The Police Department decided to remove the camera because it was observing an inordinate number of people running the light, which was confusing to motorists. Approximately 20,000 motorists had been issued tickets totaling $1.5 million in fines at the time the camera was removed. The District agreed to dismiss outstanding fines assessed to some three thousand motorists whose infractions were recorded but determined that those who had already paid the tickets would not be reimbursed. P had paid the $75 fine on a traffic ticket issued for a red light violation recorded by the H Street bridge camera approximately five months before the District decided to remove the camera. P filed an action on his own behalf and on behalf of 'some 20,000 similarly situated motorists' against Ds. P claimed that the decision to forgive some fines and enforce others of 'similarly situated' motorists who were 'unfairly and confusingly' entrapped by the camera was facially discriminatory and violated the Fifth and Fourteenth Amendments of the Constitution. P also alleged that the Ds were grossly negligent in failing to conduct ongoing studies to prevent the confusion that resulted from the H Street bridge light. P sought the return of approximately $1.5 million in paid fines, including costs and interest, in addition to attorney's fees and costs associated with the lawsuit. Ds filed motions to dismiss the complaint on the grounds that it failed to state a claim for which relief could be granted because it was barred by the doctrine of res judicata and failed to state a class action claim. The lower court granted Ds’ motion. P appealed.