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Frier v. City of Vandalia

United States Court of Appeals for the Seventh Circuit
770 F.2d 699 (7th Cir. 1985)


Facts

Frier (plaintiff) had been parking his car in the street, requiring other drivers to drive on a neighbor’s lawn to get around the car. When two notes left by the police did not deter Frier from parking in the street, the police had the car towed. Frier refused to pay the towing fee and to stop parking cars in the street. The police had to garage a total of four of Frier’s cars. Frier brought suit in state court, and the court ruled for the City of Vandalia (defendant), finding that the City had the right to remove the cars from the street. Frier in turn brought suit in federal court, alleging that the police had violated his due process rights by not affording him a hearing.

Rule of Law

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Issue

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Holding and Reasoning (Easterbrook, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (Swygert, J.)

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