Case: Harold v. Richards

2:18-cv-00115 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Jan. 10, 2018

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On January 10, 2018, two Philadelphia residents convicted for possession of small amounts of drugs filed this class lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs sued three secretaries of the Pennsylvania Department of Transportation and the governor of Pennsylvania because they believed a criminal state statute was unconstitutional. This statute automatically suspended a person's drivers' licenses in tandem with the conviction of a drug offense. Re…

On January 10, 2018, two Philadelphia residents convicted for possession of small amounts of drugs filed this class lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs sued three secretaries of the Pennsylvania Department of Transportation and the governor of Pennsylvania because they believed a criminal state statute was unconstitutional. This statute automatically suspended a person's drivers' licenses in tandem with the conviction of a drug offense. Represented by Equal Justice Under Law, the plaintiffs sought a declaration that the statute was unconstitutional under the Equal Protection and Due Process clauses of the Fourteenth Amendment. Specifically, they claimed that the statute targeted drug offenders as a disfavored class of persons without a rational basis; that the process of suspending their driver’s licenses was not sufficient to satisfy Due Process; and that the statute abridged their substantive Due Process rights to travel on interstate roadways. They also sought injunctive relief to enjoin state officials from implementing the statute.

The plaintiffs sought class certification on behalf of all individuals whose Pennsylvania driver’s licenses were suspended or would be suspended due to conviction of a drug offense. They also sought preliminary injunctive relief to immediately stop the Pennsylvania government from enforcing the statute while the litigation proceeded. The plaintiffs filed both of these motions filed the day after this action was initiated.

The defendants moved to dismiss the case, or in the alternative to strike the class action motion, on April 16, 2018. The court granted the defendant’s motion to dismiss on September 25, 2018. The court dismissed the original complaint with prejudice, preventing the plaintiffs from amending their complaint. Judge Cynthia Rufe found that there was a rational basis for the Pennsylvania legislature’s discrimination against drug offenders by suspending their licenses, which negated the Equal Protection claim. She also ruled against the procedural and substantive Due Process claims, stating that the criminal process which convicted the plaintiffs was sufficient process. The statute did not deny the plaintiffs the right to interstate travel—just the right to a Pennsylvania driver’s license, which was not a fundamental right. Judge Rufe concluded that the plaintiffs had raised meritorious policy arguments against the statute, but that the court was limited to only striking down unconstitutional statutes, not unwise ones.

This ended the action and the case is now closed.

Summary Authors

Nathan Santoscoy (2/6/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6259915/parties/harold-v-richards/


Judge(s)

Rufe, Cynthia M. (Pennsylvania)

Attorneys(s) for Plaintiff

Goldstein, Zak (Pennsylvania)

Hatton, Marissa (District of Columbia)

Ramaswamy, Rebecca R. (District of Columbia)

Sevcenko, Catherine B. (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Aryani, Hedya (Pennsylvania)

Bassman, Barak (Pennsylvania)

Kovatis, Stephen R. (Pennsylvania)

Pratt, A Michael (Pennsylvania)

Judge(s)

Rufe, Cynthia M. (Pennsylvania)

Attorneys(s) for Plaintiff

Goldstein, Zak (Pennsylvania)

Hatton, Marissa (District of Columbia)

Ramaswamy, Rebecca R. (District of Columbia)

Sevcenko, Catherine B. (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Aryani, Hedya (Pennsylvania)

Bassman, Barak (Pennsylvania)

Kovatis, Stephen R. (Pennsylvania)

Pratt, A Michael (Pennsylvania)

Yaniak, Janine P (Pennsylvania)

Yu, Kay Kyungsun (Pennsylvania)

Zaffarese, Joseph (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 25, 2018 Docket
1

Complaint

Jan. 10, 2018 Complaint
37

Memorandum Opinion

334 F.Supp.3d 635

Sept. 25, 2018 Order/Opinion

Resources

Title Description External URL

Harold v. Richards

Equal Justice Under Law

Pennsylvania targeted people with drug-related convictions in a particularly severe way — unlike for all other criminal offenses, the state automatically suspended the driver’s license of any person … Jan. 10, 2018 https://equaljusticeunderlaw.org/harold-v-richards

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6259915/harold-v-richards/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF ( Filing fee $ 400 receipt number 171681.), filed by RUSSELL HAROLD, SEAN WILLIAMS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet)(jwl, ) (Additional attachment(s) added on 1/11/2018: # 6 Complaint Signature Page) (jwl, ). (Entered: 01/11/2018)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Civil Cover Sheet

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6 Complaint Signature Page

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Jan. 10, 2018 PACER

Summons Issued

Jan. 10, 2018 PACER

Summons Issued as to LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF. Four Forwarded To: Counsel on 1/11/18 (jwl, )

Jan. 10, 2018 PACER

Jury Demand

Jan. 10, 2018 PACER

DEMAND for Trial by Jury by RUSSELL HAROLD, SEAN WILLIAMS. (jwl, )

Jan. 10, 2018 PACER
2

MOTION for Preliminary Injunction filed by RUSSELL HAROLD, SEAN WILLIAMS.Motion. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(GOLDSTEIN, ZAK) (Entered: 01/11/2018)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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Jan. 11, 2018 PACER
3

MOTION to Certify Class filed by RUSSELL HAROLD, SEAN WILLIAMS.Motion. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(GOLDSTEIN, ZAK) (Entered: 01/11/2018)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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Jan. 11, 2018 PACER
4

ORDER THAT THE ABOVE-CAPTIONED CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE ROBERT F. KELLY TO THE CALENDAR OF THE HONORABLE CYNTHIA M. RUFE. SIGNED BY KATE BARKMAN, CLERK OF COURT ON 1/11/18. 1/12/18 ENTERED AND COPIES E-MAILED AND MAILED TO UNREPRESENTED PARTIES.(kw, ) (Entered: 01/12/2018)

Jan. 11, 2018 PACER
5

NOTICE of Appearance by STEPHEN R. KOVATIS on behalf of LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF with Certificate of Service(KOVATIS, STEPHEN) (Entered: 02/21/2018)

Feb. 21, 2018 PACER
6

WAIVER OF SERVICE Returned Executed by SEAN WILLIAMS, RUSSELL HAROLD. Waivers sent to All Defendants on 1/31/2018, answers due 4/2/2018. (GOLDSTEIN, ZAK) Modified on 2/26/2018 (tjd). (Entered: 02/22/2018)

Feb. 22, 2018 PACER
7

First MOTION for Pro Hac Vice Admission of Catherine Sevcenko filed by RUSSELL HAROLD, SEAN WILLIAMS.Application.(GOLDSTEIN, ZAK) (Filing fee paid on 2/27/18) Modified on 2/28/2018 (kw, ). (Entered: 02/26/2018)

Feb. 26, 2018 PACER
8

First MOTION for Pro Hac Vice Admission of Marissa Hatton filed by RUSSELL HAROLD, SEAN WILLIAMS..(GOLDSTEIN, ZAK) (Filing fee paid on 2/27/18) Modified on 2/28/2018 (kw, ). (Entered: 02/26/2018)

Feb. 26, 2018 PACER
9

First MOTION for Pro Hac Vice Admission of Rebecca Ramaswamy filed by RUSSELL HAROLD, SEAN WILLIAMS..(GOLDSTEIN, ZAK) (Filing fee paid on 2/27/18) Modified on 2/28/2018 (kw, ). (Entered: 02/26/2018)

Feb. 26, 2018 PACER
10

First MOTION for Pro Hac Vice Admission of Phil Telfeyan filed by RUSSELL HAROLD, SEAN WILLIAMS..(GOLDSTEIN, ZAK) (Filing fee paid on 2/27/18) Modified on 2/28/2018 (kw, ). (Entered: 02/26/2018)

Feb. 26, 2018 PACER
11

ORDER THAT APPLICATION OF MARISSA HATTON, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/28/18.3/1/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (ECF FORM MAILED TO COUNSEL ON 3/1/18) (Entered: 03/01/2018)

Feb. 28, 2018 PACER
12

ORDER THAT APPLICATION OF REBECCA RAMASWAMY, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/28/18.3/1/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (ECF FORM MAILED TO COUNSEL ON 3/1/18) (Entered: 03/01/2018)

Feb. 28, 2018 PACER
13

ORDER THAT APPLICATION OF CATHERINE SEVCENKO, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/28/18.3/1/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (ECF FORM MAILED TO COUNSEL ON 3/1/18) (Entered: 03/01/2018)

Feb. 28, 2018 PACER
14

ORDER THAT APPLICATION OF PHIL TELFEYAN, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/28/18.3/1/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (ECF FORM MAILED TO COUNSEL ON 3/1/18) (Entered: 03/01/2018)

Feb. 28, 2018 PACER
15

NOTICE of Appearance by BARAK BASSMAN on behalf of LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF with Certificate of Service(BASSMAN, BARAK) (Entered: 03/08/2018)

March 8, 2018 PACER
16

NOTICE of Appearance by HEDYA ARYANI on behalf of LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF with Certificate of Service(ARYANI, HEDYA) (Entered: 03/08/2018)

March 8, 2018 PACER
17

NOTICE of Appearance by A. MICHAEL PRATT on behalf of LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF with Certificate of Service(PRATT, A.) (Entered: 03/08/2018)

March 8, 2018 PACER
18

NOTICE of Appearance by JANINE P. YANIAK, ESQ., on behalf of DEFTS LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF, Certificate of Service. (kw, ) (Entered: 03/09/2018)

March 8, 2018 PACER
19

STIPULATION AND ORDER THAT THE STIPULATIONS ARE APPROVED AS FOLLOWS: DEFTS SHALL RESPOND TO PLFFS' MOTION FOR PRELIMINARY INJUNCTION NO LATER THAN 3/27/2017 & SHALL RESPOND TO THE COMPLAINT NO LATER THAN 4/16/2018, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/12/18. 3/13/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 03/13/2018)

March 12, 2018 PACER
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NOTICE of Withdrawal of Appearance by STEPHEN R. KOVATIS on behalf of LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF(KOVATIS, STEPHEN) (Entered: 03/13/2018)

March 13, 2018 PACER
21

NOTICE of Appearance by KAY KYUNGSUN YU on behalf of LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF with Certificate of Service(YU, KAY) (Entered: 03/22/2018)

March 22, 2018 PACER
22

NOTICE of Appearance by JOSEPH ZAFFARESE on behalf of LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF with Certificate of Service(ZAFFARESE, JOSEPH) (Entered: 03/22/2018)

March 22, 2018 PACER
23

MOTION for Extension of Time to Complete Discovery, MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Class Certification filed by LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF.Certificate of Service.(YU, KAY) (Entered: 03/27/2018)

March 27, 2018 PACER
24

Memorandum of Law in Opposition re 2 MOTION for Preliminary Injunction filed by LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF. (Attachments: # 1 AFFIDAVIT OF KARAN. TEMPLETON, # 2 Exhibit A, # 3 Exhibit B)(PRATT, A.) (FILED IN ERROR BY ATTORNEY; ATTORNEY REFILE AS DOCUMENT 25 )Modified on 3/28/2018 (nd, ). (Entered: 03/27/2018)

1 AFFIDAVIT OF KARAN. TEMPLETON

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2 Exhibit A

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3 Exhibit B

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March 27, 2018 PACER
25

Memorandum OF LAW IN OPPOSITION re 2 MOTION for Preliminary Injunction filed by LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF. (Attachments: # 1 AFFIDAVIT OF KARAN. TEMPLETON, # 2 A, # 3 B, # 4 C)(PRATT, A.) (Entered: 03/27/2018)

1 AFFIDAVIT OF KARAN. TEMPLETON

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2 A

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3 B

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4 C

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March 27, 2018 PACER
26

RESPONSE in Opposition re 23 MOTION for Extension of Time to Complete Discovery MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Class Certification filed by RUSSELL HAROLD, SEAN WILLIAMS. (HATTON, MARISSA) (Entered: 03/29/2018)

March 29, 2018 PACER
27

ORDER THAT DEFTS' MOTION FOR LEAVE TO CONDUCT CLASS DISCOVERY & MOTION FOR EXTENSION OF TIME TO RESPOND TO PLFFS' MOTION FOR CLASS CERTIFICATION [DOC. NO. 23] IS DENIED WITHOUT PREJUDICE. DEFTS SHALL RESPOND TO MOTION FOR CLASS CERTIFICATION NO LATER THAN 4/16/2018, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/5/18. 4/5/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 04/05/2018)

April 5, 2018 PACER
28

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by RUSSELL HAROLD, SEAN WILLIAMS. (Attachments: # 1 Exhibit)(HATTON, MARISSA) (Entered: 04/06/2018)

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April 6, 2018 PACER
29

MOTION to Dismiss DEFENDANTS MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO STRIKE PLAINTIFFS CLASS ACTION COMPLAINT filed by LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF.Memorandum in Support, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(PRATT, A.) (Entered: 04/16/2018)

1 Exhibit A

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2 Exhibit B

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April 16, 2018 PACER
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Memorandum of Law in Opposition re 3 MOTION to Certify Class filed by LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF. (PRATT, A.) Modified on 4/18/2018 (tjd). (Entered: 04/16/2018)

April 16, 2018 PACER
31

Defendants' Sur-Reply Memorandum of Law in Opposition to Plaintiffs' Motion for Preliminary Injunction by LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF. (PRATT, A.) (Entered: 04/16/2018)

April 16, 2018 PACER
32

REPLY to Response to Motion re 3 MOTION to Certify Class filed by RUSSELL HAROLD, SEAN WILLIAMS. (Attachments: # 1 Exhibit, # 2 Exhibit)(HATTON, MARISSA) (Entered: 04/26/2018)

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April 26, 2018 PACER
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RESPONSE in Opposition re 29 MOTION to Dismiss DEFENDANTS MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO STRIKE PLAINTIFFS CLASS ACTION COMPLAINT filed by RUSSELL HAROLD, SEAN WILLIAMS. (HATTON, MARISSA) (Entered: 04/30/2018)

April 30, 2018 PACER
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Defendant's Sur-Reply Memorandum of Law in Opposition to 3 Plaintiffs' Motion for Class Certification. by LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF. (PRATT, A.) Modified on 5/9/2018 (tjd). (Entered: 05/08/2018)

May 8, 2018 PACER
35

Defendants' Reply Brief in Support of their Motion to Dismiss, or in the Alternative, To Strike Plaintiffs' Class Action Complaint. by LEO BAGLEY, KURT MYERS, LESLIE RICHARDS, TOM WOLF. (PRATT, A.) (Entered: 05/14/2018)

May 14, 2018 PACER
36

Sur-Reply to Motion re 29 MOTION to Dismiss DEFENDANTS MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO STRIKE PLAINTIFFS CLASS ACTION COMPLAINT Sur-Reply in Opposition to Defendants' Motion to Dismiss filed by RUSSELL HAROLD, SEAN WILLIAMS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(HATTON, MARISSA) Modified on 5/30/2018 (tjd). (Entered: 05/25/2018)

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May 25, 2018 PACER
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/25/18. 9/5/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 09/25/2018)

Sept. 25, 2018 RECAP
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ORDER THAT DEFTS' MOTION TO DISMISS [DOC. NO. 29] IS GRANTED. THE COMPLAINT IS DISMISSED WITH PREJUDICE, ETC. PLFFS' MOTION FOR PRELIMINARY INJUNCTION [DOC. NO. 2] & MOTION FOR CLASS CERTIFICATION [DOC. NO. 3] ARE DISMISSED AS MOOT. THE CLERK IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/25/18. 9/5/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 09/25/2018)

Sept. 25, 2018 RECAP

State / Territory: Pennsylvania

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Jan. 10, 2018

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two Philadelphia residents, both convicted of possession of drugs, who had their drivers' licenses suspended under 75 Pa. Cons. Stat §1532(c).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Governor of Pennsylvania, State

Secretary of Pennsylvania Department of Transportation, State

Executive Deputy Secretary of Pennsylvania Department of Transportation, State

Deputy Secretary for Driver and Vehicle Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Forfeiture

Racial profiling

Discrimination-basis:

Race discrimination