No. 21-664

Patrick J. Downey v. City of Toledo, Ohio

Lower Court: Sixth Circuit
Docketed: 2021-11-04
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights declaratory-judgment due-process federalism fourteenth-amendment home-rule municipal-ordinance police-powers statutory-interpretation
Key Terms:
AdministrativeLaw DueProcess Privacy
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Do federal courts have authority to alter the plain meaning of a state or municipal law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED : 1. Do federal courts have legal authority to alter : or amend the plain: meaning of a lawfully-enacted statute of a sovereign state or a lawfully-enacted : . ; ordinance of a sovereign municipality that were an . ; exercise of the state or municipality’s police powers? , ; ’ Issue Reserved on Remand if Court Rules for _ , Petitioner on Question 1 _ ; A. Did the City of Toledo’s (“Respondent”) : ordinance (TMC § 313.12) and’ hearing (“Hearing”), under color of law, : : unconstitutionally force Patrick J. Downey : ‘ (“Petitioner”) to choose between exercising his : right to due process of law under the : oo, Fourteenth Amendment and his right against . self-incrimination under the Fifth : Amendment? —, 2. Did Parratt v. Taylor, 451 U.S. 527 (1981) : : provide legal authority for the circuit court to enter ; judgment against. Petitioner, a non-prisoner plaintiff, : ; for failing to exhaust state court remedies when , Petitioner’s Declaratory Judgment Act complaint oO alleged violations of his right to due process of law under the Fourteenth Amendment and 42 United States Code (“USC”) § 1983? . : : “Issue Reserved on Remand if Court Rules for . . Petitioner on Questions 1 & 2 A. Did Respondent, under color of law, violate Petitioner’s right to due process of law : . under the Fourteenth Amendment: by _ assessing penalties against Petitioner when ; : _ TMC § 313.12 did not provide it with legal . : , , authority to operate a civil traffic enforcement . ; program that deployed police officers operating : . mobile cameras and its program exceeded its oo, Home Rule authority under Ohio's : ; Constitution? ‘ : : : Issues Reserved on Remand if Court Rules for : Petitioner on Question 2 A. Did Respondent, under color of law, , : violate Petitioner’s right to due process of law ; by assessing an additional penalty under TMC . : §313.12(d)(5) when the penalty, under the facts presented, was not authorized by its ordinance, ' which Respondent admitted in its appellate brief? ; ; ; B. Would Respondent, under color of law, : . violate Petitioner’s right to due. process of law by towing or immobilizing his vehicle when the ; . action, under the facts presented, was not : authorized by its ordinance, which Respondent ‘ admitted in its appellate brief? C. Did the Hearing provided by Respondent under TMC § 313.12 violate, under color of law, . ii ; Petitioner’s right to procedural due process of , ; ; law? : , . , 3. In light of Respondent’s admission that it did . not have legal authority to take the actions complained of in the third and .fourth issues of : ; _ Petitioner’s declaratory judgment action, did the : circuit court have legal authority to grant judgment to Respondent on those issues? ; iii : . 7 Il.

Docket Entries

2022-01-10
Petition DENIED.
2021-12-08
DISTRIBUTED for Conference of 1/7/2022.
2021-12-03
Waiver of right of respondent City of Toledo, OH to respond filed.
2021-11-02
Petition for a writ of certiorari filed. (Response due December 6, 2021)

Attorneys

City of Toledo, OH
John Thomas MadiganCity of Toledo, Department of Law, Respondent
John Thomas MadiganCity of Toledo, Department of Law, Respondent
Patrick J. Downey
Patrick J. Downey — Petitioner
Patrick J. Downey — Petitioner