Nnebe v. Daus, No. 09-4305 (2d Cir. 2011)
Annotate this CasePlaintiffs, four taxi cab drivers and the New York Taxi Workers Alliance ("Alliance"), sued the City of New York and its Taxi and Limousine Commission when plaintiffs' licenses to drive taxi cabs was automatically suspended without a hearing when plaintiffs were arrested on criminal charges. At issue is whether the Alliance has standing where it has expended resources to assist its members who face summary suspension by providing initial counseling and making an effort to explain the urgency of the situation to criminal defense lawyers. Also at issue was whether a pre-suspension hearing was required to comport with due process and whether a post-deprivation hearing comported with due process. The court held that the Alliance had standing even if only a few suspended drivers were counseled by the Alliance where it experienced a "perceptible impairment" sufficient to demonstrate an "injury in fact" and the Alliance had an interest specific to it that was independent of individual drivers. The court also held that a pre-suspension hearing was not required after weighing the three factors in the Mathews test and that the factual record was inadequate to permit summary judgment with respect to the plaintiffs' claim that the post-deprivation hearing was insufficient to provide due process.
The court issued a subsequent related opinion or order on April 7, 2011.
The court issued a subsequent related opinion or order on May 31, 2011.
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