Nnebe v. Daus, 06 civ. 4991 (RJS) – AND – Stallworth v. Joshi, 17 civ. 7119 (RJS) SDNY
These twin actions challenge the New York City Taxi and Limousine Commission's practice of suspending the license of any taxi drivers who has been arrested, but who has been convicted of nothing. After the suspension, the TLC offers the cabbie a putative “hearing” to determine whether that suspension should be continued based on a driver's continued licensure being a direct and substantial threat to public safety. In fact, the hearing process is an elaborate farce that has never resulted in even a single driver being reinstated regardless of the facts and circumstance and whatever the driver's record. After 13 years of litigation, the Second Circuit Court of Appeals, in a 60-page unanimous opinion by Judge Lynch reversing the district court, concluded that the TLC hearings are “meaningless” and the TLC practice amounts to a denial of Due Process of Law. The Court concluded: “A lengthy deprivation of property, based on an arrest without a judicial determination of probable cause and without a deeper inquiry into whether the deprivation is appropriate, violates the Constitution's guarantee of procedural due process.” The case is now in its remedy phase.
Appeal Brief in Stallworth, 2018
Appeal Brief in Nnebe, 2018 Second
Circuit Decision in Nnebe and Stallworth, 931 F.3d 66 (2d Cir. 2019
Appeal Brief in Nnebe, 2010
Second Circuit Decision in Nnebe, 644 F.3d 147 (2d Cir. 2011)
Summary Judgment Brief in Nnebe, 2007