The Village of Freeport, New York, is facing allegations of operating a warrantless vehicle seizure and kickbacks scheme.
According to a class-action complaint filed by plaintiff Paul Whaley, the defendants directed police officers to seize vehicles without warrants, aiming to pressure vehicle owners into paying fees or risk permanent loss of their vehicles. The complaint states that Freeport police officers were instructed to seize vehicles flagged by License Plate Readers for expired registrations or unpaid parking tickets. The vehicles were then towed by Non-Stop Towing & Recovery, which allegedly charged high fees for towing and storage while providing financial kickbacks to the Village of Freeport.
The lawsuit claims that these practices violate constitutional protections under the Fourth, Fifth, and Fourteenth Amendments. It includes instances in which vehicle owners were allegedly left stranded after their vehicles were seized without judicial oversight. In one case, a vehicle owner was reportedly charged $1,900 for a single day of storage after a car was impounded due to a suspended registration. The complaint characterizes the alleged practices as an unlawful seizure-for-profit operation.
Whaley seeks declaratory judgment and compensatory damages on behalf of himself and an estimated 5,000 other vehicle owners. The suit also seeks relief under 42 U.S.C. §1983 for alleged civil rights violations and requests punitive damages against individual defendants, including Police Chief Michael Smith and Jerome Bonomo of Non-Stop Towing & Recovery.
The case was filed in the United States District Court for the Eastern District of New York under Case No. 2:25-cv-02720 and is presided over by Judge Diane Gujarati.