Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

LYNCH v. COMMONWEALTH OF PENNSYLVANIA

February 6, 2004.

JOHN LYNCH, SR.
v.
COMMONWEALTH OF PENNSYLVANIA, ET AL



The opinion of the court was delivered by: JOHN PADOVA, District Judge

MEMORANDUM

Plaintiff has brought this civil rights action pursuant to 42 U.S.C. § 1983 against the Commonwealth of Pennsylvania Department of Transportation and certain employees thereof, for injunctive relief and monetary damages arising from Defendants' alleged failure to restore his driver's license and correct his driving record. Before the Court is Defendants' Motion to Dismiss the Second Amended Complaint. For the reasons which follow, the Motion is granted.

I. BACKGROUND

  The Second Amended Complaint alleges the following facts.*fn1 Page 2 Plaintiff lives at 6046 Roosevelt Boulevard, Philadelphia, Pa. (Id. ¶ 5.) Defendant Pennsylvania Department of Transportation ("PENNDOT") is the employer of the individual Defendants. (Id. ¶ 9.) Prior to Defendants' wrongful suspension of Plaintiff's driver's license, he owned and operated a successful tow truck and delivery business. (Id. ¶ 17.) On October 19, 1996, PENNDOT sent a letter to Plaintiff, informing him that it was suspending his driver's license based upon erroneous allegations that Plaintiff had provided false information on his driver's license application and had obtained an out-of-state license while his license was suspended in Pennsylvania. (Id.) Plaintiff challenged the suspension of his driver's license in the Philadelphia Court of Common Pleas, which affirmed the suspension of his license in November 1996. (Id. ¶ 18-19.) Plaintiff appealed to the Commonwealth Court, which reversed the decision of the Court of Common Pleas on April 2, 1998. (Id. ¶ 20.) The Commonwealth Court order required PENNDOT to immediately restore Plaintiff's driver's Page 3 license. (Id. ¶ 21.) PENNDOT did not comply and, despite Plaintiff's repeated requests, his driver's license was never restored and his driving record was never corrected. (Id. ¶¶ 21 and 34.) PENNDOT's records still indicate that Plaintiff's driver's license is suspended. (Id. ¶ 21.) As a result of PENNDOT's failure to correct its records and restore Plaintiff's driver's license, Plaintiff was issued numerous driving and parking citations for driving with a suspended license. (Id. ¶ 22.) The Second Amended Complaint alleges that, as a consequence of these citations, the City of Philadelphia and Philadelphia Parking Authority, and their agents and contractors, seized vehicles belonging to Plaintiff on eight occasions.

  On May 4, 2001, as a result of these erroneously issued citations, the City of Philadelphia and Steffa Metals Co. entered Plaintiff's property and confiscated his 1974 Ford Tow Truck and 1986 Ford Crown Victoria sedan. (Id. ¶ 23.) The City of Philadelphia sold the 1986 Ford Crown Victoria and retained the proceeds of the sale. (Id.)

  In November 2001, as a result of the erroneously issued citations, the City of Philadelphia and Century Auto Parts entered Plaintiff's property and confiscated a 1973 tow truck and vintage 1971 Mercury Montero. (Id. at ¶ 24.) The City of Philadelphia retained custody of the vehicles for six months before returning them to Plaintiff. (Id.) Page 4

  On October 1, 2002, as a result of the erroneously issued driving citations, the City of Philadelphia confiscated Plaintiff's 1987 Reliant, which was legally parked on the 2300 block of Front Street. (Id. ¶ 25.) The Reliant was towed while Plaintiff awaited renewal of its license plates. (Id.)

  On October 24, 2002, as a result of erroneously issued driving citations, the City of Philadelphia confiscated Plaintiff's 1981 Chevrolet Citation from the parking lot of the Dunkin Donuts located at Erie and Tavesdale Avenue in Philadelphia. (Id. ¶ 26.)

  On October 31, 2002, as a result of erroneously issued driving citations, the City of Philadelphia confiscated Plaintiff's 1973 Ford tow truck, which was located at 2nd and Erie Avenues in Philadelphia. (Id. ¶ 27.) The City kept the 1973 tow truck at Century Auto Pound until it was released to Plaintiff. (Id.)

  On November 14, 2002, as a result of erroneously issued driving citations, the City of Philadelphia and Steffa Metals Co. entered Plaintiff's property and confiscated his 1971 Mercury Monterey. (Id. ¶ 28.) Steffa Metals continues to maintain custody of this vehicle. (Id.)

  On December 11, 2002, as a result of erroneously issued driving citations, the City of Philadelphia confiscated Plaintiff's 1973 Ford tow truck from the 2700 block of Kensington Avenue, Philadelphia. (Id. ¶ 29.)

  On December 24, 2002, pursuant to an Order of Judge Schafer of Page 5 the Philadelphia Traffic Court, the City of Philadelphia was required to release certain trucks and automobiles it had confiscated from Plaintiff. (Id. ¶ 30.) When Plaintiff retrieved his tow truck, it was damaged, several tools were missing, and the gas charged shock absorber was damaged. (Id.) Plaintiff also retrieved his Reliant, but was told that his 1981 Citation had been sold and personal items in the vehicle had been lost, including a cane, a two-way radio and two ratchet sets. (Id. ¶ 31.)

  Plaintiff subsequently appeared at Philadelphia Traffic Court on January 31, 2003 to review the outstanding citations and the confiscation of his vehicles. (Id. ¶ 32.) Plaintiff was found guilty of violating the Philadelphia traffic code and sentenced to six months in prison, to be served immediately. (Id.)

  On February 3, 2003, while Plaintiff was incarcerated, he was notified by a family member that his 1987 Reliant had been confiscated from his property by the City of Philadelphia. (Id. ¶ 33.) On March 20, 2003, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.