Smith v. Commissioner of the Georgia Department of Public Safety

OWENS, Chief Judge:

Plaintiff, James O. Smith, III, has brought this 42 U.S.C. § 1983 action seeking declaratory and injunctive relief against defendant, the Commissioner of the Georgia Department of Public Safety (hereinafter “Commissioner”). In his complaint, plaintiff asserts that the Commissioner has deprived him of his property, specifically, his State of Georgia driver’s license, without the due process guaranteed to him by the Fourteenth Amendment to the Constitution of the United States. Jurisdiction in this matter is based upon 28 U.S.C. § 1343(3) (1979) and 28 U.S.C. § 1331 (1980).…