Long Beach accused of unconstitutional vehicle seizures under 'Boot and Tow' policy


Margo Brodie, Chief Judge with the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

A Long Beach resident is suing the city over its "Boot and Tow" policy, claiming it violates constitutional rights. On December 11, 2024, Calvin Savage filed a complaint in the U.S. District Court for the Eastern District of New York, accusing the city of unlawfully seizing vehicles to collect unpaid parking fines.

Savage's lawsuit alleges that the policy violates Fourth, Fifth, and Fourteenth Amendment rights by allowing city officials to seize vehicles without warrants or hearings. The policy permits city employees to block vehicles or demand immediate cash payments for alleged violations. 

Savage claims his vehicle was unlawfully seized on November 9, 2022. According to the complaint, city workers blocked his car and demanded payment for towing fees, even though no actual towing occurred. 

Savage claims similar incidents were reported by other residents, including Anthony Alduino and Anne Buff.

The complaint states that since August 17, 2021, over 2,000 vehicles have been seized under this policy without due process. The lawsuit highlights instances where vehicle owners were coerced into paying fees on the spot or risked having their vehicles sold at auction. 

Savage claims these actions are unconstitutional due to the lack of judicial oversight and failure to provide vehicle owners an opportunity to contest the seizures.

Savage seeks a declaratory judgment declaring Long Beach’s practices unconstitutional and requests compensatory damages and attorneys' fees under 42 U.S.C. §§ 1983 and 1988. He also seeks injunctive relief to prevent further enforcement of the policy.

Representing Savage is attorney Andrew J. Campanelli of Campanelli & Associates, P.C., based in Merrick, New York. The case is being heard under Case ID 2:24-cv-08487.

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