Chuck v. Town of Smithfield

DECISION

Defendants Town of Smithfield, et al. (collectively "Defendants") move for summary judgment. Defendants move for judgment in their favor on Count I and as much of Count III that pertains to Count I of the Complaint of Chuck and Sons Towing, Inc. and Charles Jepson, Jr. (collectively "Plaintiffs"). Count I of Plaintiffs' Complaint requests this Court to either declare facially unconstitutional the written tow list policy of the Smithfield Police Department ("Department"), or, in the alternative, declare that the tow list policy was unconstitutionally applied to Plaintiffs in violation…