S.D.N.Y.: Two parking tickets in same day not a 4A violation

Multiple parking tickets in NYC in one day is not an unreasonable seizure under the Fourth Amendment. Nor an excessive fine under the Eighth; nor a due process violation under the Fourteenth. Torres v. City of New York, 2022 U.S. Dist. LEXIS 43530 (SD.N.Y. Mar. 11, 2022)*:

Suppose one day, you park on the street in a zone where parking is not allowed. When you return to your car hours later, you find not one, but two, parking tickets under your windshield wiper. A bad day, to be sure. But did your receipt of two parking tickets, for an illegally parked car that you failed to move over an extended period, violate your constitutional rights? That, in essence, is what Plaintiffs Jaime Torres and Rakesh Kalra claim in this putative class action challenging New York City’s parking ticket regime. They allege that, by issuing multiple tickets at different times the same day, the City of New York and its personnel violated their procedural due process rights under the Fourteenth Amendment, as well as their rights under the Fourth and Eighth Amendments. The Court cannot agree. While receiving multiple parking tickets over a relatively brief period of time is no doubt frustrating, the City’s enforcement of its parking laws as to Plaintiffs satisfied procedural due process, did not constitute a seizure under the Fourth Amendment, and was not an unconstitutionally excessive fine under the Eighth Amendment.

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