El-Nahal v. Yassky, No. 14-405 (2d Cir. 2016)Annotate this Case
Plaintiff, a New York City taxi driver, filed suit under 42 U.S.C. 1983 against the United States alleging that the New York City Taxi and Limousine Commission (TLC) deprived him of his Fourth Amendment rights in various ways. As relevant to this appeal, plaintiff argued that the TLC’s mandate that all New York City taxicabs install technology systems equipped with Global Positioning System (GPS) tracking abilities amounted to a property‐based search pursuant to United States v. Jones, and that this search violated his Fourth Amendment rights. The district court granted summary judgment to defendants. The court affirmed the judgment, concluding that the record is devoid of evidence as to whether plaintiff had any interest in a taxi at the time of an alleged trespass or physical intrusion, plaintiff failed to make a sufficient showing on an essential element of his property‐based Fourth Amendment claim, and thus defendants are entitled to summary judgment.