Brooks v. City of Des Moines, No. 15-2781 (8th Cir. 2016)
Annotate this CasePlaintiffs, six drivers, filed suit against the City alleging that the Automatic Traffic Enforcement (ATE) system violates federal and state law. The district court dismissed plaintiffs' claims. Plaintiffs argue that the district court should not have relied on Hughes v. City of Cedar Rapids because the facts here are materially different. The court concluded that Cedar Rapids and Des Moines offer direct access to the district court or an optional administrative proceeding with de novo appellate review. Based on this court’s holding, the other differences that the drivers allege are irrelevant. Therefore, plaintiffs' claims are addressed in the Hughes opinion. The court affirmed in part, reversed in part, and remanded.
Court Description: Benton, Author, with Loken and Beam, Circuit Judges] Civil Case - Traffic cameras. Please see the related case of Hughes v. City of Cedar Rapids, No. 15-2703, decided this date. The drivers' state law claims based on Iowa Department of Transportation standards are remanded for dismissal without prejudice; in all other respects, the court's judgment is affirmed.
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