Livingood v. City of Des Moines
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The Supreme Court affirmed in part and reversed in part the judgment of the district court denying three plaintiffs' motion for summary judgment in this suit brought to challenge the City of Des Moines' use of the state's income offset program to collect automated traffic citation penalties and granting summary judgment in favor of the City, holding that the district court erred in granting summary judgment as to a preemption claim and a claim for unjust enrichment.
Specifically, the Supreme Court held that the district court properly dismissed Plaintiffs' claims that, among other things, the City's use of the income offset program amounted to an unconstitutional taking and that their right to procedural due process was violated. As to Plaintiffs' contention that the City's use of the program was preempted by state law, however, the district court reversed in part, holding that the district court erred in dismissing one plaintiff's preemption claim with respect to his requests for declaratory and injunctive relief and in dismissing two plaintiffs' claim for unjust enrichment. The Court remanded this case for further proceedings.
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