Steve Becker Secures Dismissal of Towing Company in St. Clair County Case Involving a Section 1983 Claim

In a St. Clair County case involving a Section 1983 claim, Steven Becker secured the dismissal of a towing company who was accused of having seized the Plaintiff’s car and property, in violation of his constitutional rights. We made numerous arguments, including that our client could not be liable under Section 1983 because they were not acting under “color of law”; our client did not benefit from the alleged violation of the Plaintiff’s rights; it was not demonstrated that our client’s actions were illegal or improper; the issues raised by the Plaintiff’s allegations were intertwined with, and constituted a collateral attack on, a concurrent criminal action involving the Plaintiff; and that res judicata applied, making the finding in the criminal action binding on the civil case. After briefs were submitted and oral argument was heard, the judge granted our motion, and the Plaintiff’s complaint was dismissed, with prejudice.