Nnebe v. Daus
2011 WL 2149924
| 2d Cir. | 2011Background
- TLC/Safety policy authorizes summary suspension of taxi licenses upon arrest without a pre-deprivation hearing under Rule 8-16; post-deprivation hearing follows.
- Eight: Plaintiffs are NYTWA and four taxi drivers; licenses suspended pending criminal proceedings; ALJs typically recommend continued suspension, City usually complies.
- DCJS notifies TLC of arrests but provides no underlying factual allegations; TLC relies on an arrest-list to trigger suspension.
- District court granted summary judgment for defendants on pre-deprivation claim and dismissed NYTWA standing; remanded for fact-finding on post-deprivation process.
- On appeal, court vacates in part, holds NYTWA has standing in its own right, and remands for additional fact-finding about post-suspension hearings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-deprivation hearing required? | NYTWA contends a pre-suspension hearing is required. | City asserts no pre-suspension hearing necessary. | No pre-deprivation hearing required. |
| Adequacy of post-deprivation hearing? | Post-suspension hearing is insufficient to satisfy due process. | Post-deprivation hearing provides due process or is adequate. | Record insufficient to determine adequacy; remanded for further fact-finding. |
| NYTWA standing to sue? | NYTWA has organizational standing to pursue claims. | NYTWA lacks standing to sue on its members' behalf. | NYTWA has standing in its own right; NYTWA cannot sue solely on behalf of members. |
| Scope and independence of post-suspension proceedings? | ALJ proceedings allow meaningful challenge beyond identity/arrest. | ALJs only verify identity/arrest and do not assess safety risks beyond arrest. | Record insufficient to resolve; remand for detailed fact-finding on post-suspension hearing scope. |
Key Cases Cited
- Krimstock v. Kelly, 306 F.3d 40 (2d Cir. 2002) (post-seizure due process requires meaningful post-deprivation hearing)
- Bell v. Burson, 402 U.S. 535 (U.S. 1971) (livelihood interest and due process in license suspensions)
- Mathews v. Eldridge, 424 U.S. 319 (U.S. 1976) (three-factor test for deciding pre- vs post-deprivation hearings)
- League of Women Voters of Nassau Cnty. v. Nassau Cnty. Bd. of Supervisors, 737 F.2d 155 (2d Cir. 1984) (organization standing; rights are personal to injured individuals)
- Brown v. Dep’t of Justice, 715 F.2d 662 (D.C. Cir. 1983) (administrative hearings prior to trial could interfere with criminal proceedings; separation of agencies)