acknowledging California Supreme Court's decision not to recognize a private right of action for damages under state constitutional provision in Katzberg
How later courts described this case
- acknowledging California Supreme Court's decision not to recognize a private right of action for damages under state constitutional provision in Katzberg
Written by the judges who cited it.
The opinion
REINHARDT, J.,
dissenting:
Timphony was present when his car was being towed. He told the officer that he had paid the outstanding parking tickets that supposedly authorized the towing, and that the receipts to prove it were in the glove compartment. The officer refused to allow him to retrieve those receipts and refused to look at them before proceeding with the towing. This conduct on the part of the parking enforcement officer was objectively unreasonable. I would, therefore, reverse the District Court’s judgment that the officer is entitled to qualified immunity. At the very least, I would grant the Plaintiffs leave to amend their complaint so that they could allege facts that would make it even clearer that the offi *486 cer’s decision was objectively unreasonable.