SCM NEWS & OPINIONS

Government Entities – Case Law Update, April 2019 (2nd update)

This summary is written by Heather White and is for informational purposes only.  

Taylor v. City of Saginaw

Today, the Sixth Circuit Court of Appeals ruled that using chalk on tires for parking enforcement violates the Fourth Amendment of the United States Constitution.  Visit link for a summary:  https://www.npr.org/2019/04/23/716248823/court-says-using-chalk-on-tires-for-parking-enforcement-violates-constitution.

While this is not the law in Utah, and the law is not “clearly established” for purposes of qualified immunity, the opinion provides food for thought for evaluating alternative methods of establishing parking violations, such as photographing the offending vehicle with a time stamp on the photo.

When you need a public entity law firm in Utah

Our public entity lawyers are ready to help.  For more information about the services SCM provides in this area, contact Heather S. White or Jody K. Burnett.

Heather S. White