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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 several cars that he parked in the street, creating obstacles for other drivers. When notes left by the police did not deter Frier from parking in the street, the police finally had garages tow away and store four of Frier’s cars. Frier brought suit in state court, seeking replevin, under which he could recover his property if it had been taken without lawful process. The court ruled for the City of Vandalia (defendant), finding that the City had the right to remove the cars from the street. Frier next brought suit in federal court, alleging that the police had violated his due process rights by not affording him a hearing before or after towing his cars.

Rule of Law

Issue

Holding and Reasoning (Easterbrook, J.)

Concurrence (Swygert, J.)

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