Dennie Henry v. City of Middletown

HELENE N. WHITE, Circuit Judge.

Plaintiffs appeal the district court’s grant of summary judgment to Defendant City of Middletown in this § 1983 action alleging that the City deprived Plaintiffs of their vehicles without due process pursuant to a custom or policy of using an inapplicable state statute that when applied under these circumstances fails to provide due process. We reverse and remand for further proceedings.

Middletown police arrested Plaintiffs in separate, unrelated incidents and impounded their vehicles. The City notified each Plaintiff that he had ten dpys to claim his vehicle by…