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Monday, January 24, 2022

Federal Court Dismisses Civil Rights Suit Challenging $50 Parking Ticket


Recently, the Seventh Circuit Court of Appeals upheld the dismissal of a civil rights lawsuit against an Illinois municipality by a person who had been issued a parking ticket. Lewis v. Alsip. The driver filed the section 1983 action against the municipality after she was issued a $50 parking ticket for parking her car on a secondary snow route. She claimed her due process rights were violated because the municipality had not posted signage on the street informing drivers when snow prohibited parking. The federal district court dismissed the case and the driver appealed to the Seventh Circuit. The Court of Appeals held that due process only requires a legislature to enact and publish laws. In this case, the municipality satisfied the "publication" requirement by posting its ordinances on its website and making those ordinances publicly available but did not require the posting of signage.

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