Taylor v. City of Saginaw, No. 20-1588 (6th Cir. 2021)Annotate this Case
Taylor received several parking tickets from Saginaw for leaving her car in its downtown area beyond the time allowed by an ordinance. Each time, Hoskins chalked the tire of Taylor’s vehicle several hours before issuing the ticket. Every ticket noted the time Taylor’s vehicle was first “marked” with chalk in the regulated area. Hoskins also documented the ticket with one or more photographs of the offending vehicle. Taylor filed a putative 42 U.S.C. 1983 class action, alleging that the tire chalking violated her Fourth Amendment rights as construed by the Supreme Court in “Jones,” (2012). The district court held that tire chalking fell within the automobile and/or community caretaking exceptions and did not violate the Fourth Amendment. The Sixth Circuit reversed in 2019. On remand, the district court granted the defendants summary judgment and denied a class-certification motion as moot.
The Sixth Circuit reversed in part. Suspicionless tire chalking does not constitute a valid administrative search but the alleged unconstitutionality of suspicionless tire chalking was not clearly established, so parking officer Hoskins is entitled to qualified immunity.