Elftmann v. Village of Tinley Park

191 F. Supp. 3d 874, 2016 U.S. Dist. LEXIS 75586, 2016 WL 3339561
CourtDistrict Court, N.D. Illinois
DecidedJune 9, 2016
DocketNo. 15 C 10585
StatusPublished
Cited by8 cases

This text of 191 F. Supp. 3d 874 (Elftmann v. Village of Tinley Park) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elftmann v. Village of Tinley Park, 191 F. Supp. 3d 874, 2016 U.S. Dist. LEXIS 75586, 2016 WL 3339561 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

Rubén Castillo, Chief Judge

Norman W. Elftmann III (“Elftmann”) and Jennifer Musser (“Musser”) (collectively, “Plaintiffs”) filed an action on behalf of a putative class in the Circuit Court of Cook County, Illinois, challenging the red light camera ordinance adopted by the Village of Tinley Park (“the Village”). (R. 1-1, State Compl.) Plaintiffs assert both state-law claims and federal constitutional claims. (Id. ¶¶ 61-100.) The Village removed the action to this Court on federal question grounds. (R. 1, Notice of Removal.) Plaintiffs now move to remand. (R. 9, Mot. to Remand.) For the reasons stated below, the motion is denied.

BACKGROUND

In 2006, the State of Illinois passed legislation that granted municipalities authority to install and maintain “automated traffic law enforcement systems,” commonly known as red light cameras. (R. 1-1, State Compl. ¶ 24 (citing 625. III. Comp. Stat. 5/11-208.6).) Municipalities who wish to maintain a red light camera system must pass an ordinance that imposes liability on vehicle owners caught violating traffic laws. (Id. ¶25.) The statute also requires that municipalities issue written notices to vehicle owners for each violation. (Id. ¶ 26.) The notice must include a statement informing the owner that he or she “may elect to proceed.by: (A) paying the fine, completing a required traffic education program, or both; or (B) challenging the charge in court, by mail, or by administrative hearing.” (Id. (quoting 625 III. Comp. Stat. 5/ll-208.6(d)(10).)) The statute also authorizes, but does not require, municipalities to create a system of administrative adjudication for red light camera violations. (Id. ¶ 27 (citing-625 III. Comp. Stat. 5/11-208.3).) Where a violation is challenged through a municipal adjudication process, the hearing officer’s decision is still subject to judicial review through the state’s. Administrative Review Law. (Id. ¶15 (citing 625 III. Comp. Stat. 5/11— 208.3(d); 735 III, Comp. Stat, 5/3-101 et seq,).) The enabling legislation also requires that red light camera laws be uniformly applied and enforced by “all units of local government.” (Id. ¶ 28 (quoting 625 III. Comp. Stat. 5/11-208.1).)

On April 1, 2008, the Village passed an ordinance pursuant to the state’s enabling statute authorizing the installation and use of red light cameras within the Village. (Id ¶ 39.) Elftmann and Musser have both been cited for violating the ordinance. (Id. ¶¶ 46-48, 51-53.) Elftmann simply paid the $100 fine, whereas Musser chose to challenge it; she was afforded an administrative hearing but was found guilty. (Id. ¶¶ 49-57.) Plaintiffs later discovered (through Freedom of Information Act requests) that the Village had on multiple occasions voided red light camera citations for certain individuals through a process known as “police discretion.” (Id. at ¶¶ 5-7; id., Exs. C-F.) Plaintiffs allege that the “police discretion” process was used to [877]*877benefit politically connected individuals, including “the landscaper who cuts former Mayor Edward Zabrocki’s grass,” employees of a corporation that was “a substantial campaign contributor” to Zabroeki, the wives of Tinley Park police officers and firefighters, and the owner of a local car dealership who served as “Inaugural Committee Chairman” for Zabroeki during the last election. (Id. ¶ 7.) All of these, individuals allegedly triggered the red light cameras but were not given a citation. (Id.)

On November 3, 2015, Plaintiffs filed a complaint in state court on behalf of themselves and a putative class of approximately 24,000 individuals who have been found guilty of red light camera violations since the Village ordinance was enacted. (Id. ¶¶ 16, 19.) .In Count I, they allege that the Village violated their Fourteenth Amendment equal protection rights “by authorizing rejection of certain person(s) [sic] tickets for ‘police discretion’. while denying that option to Plaintiffs and others similarly situated.” (Id. ¶ 64.) Within this count, they also allege that the Village violated their Fourteen Amendment due process rights through its “arbitrary, capricious, and unreasonable” enforcement of the ordinance. (Id. ¶¶ 66, 68.) In' Count II, they seek “a declaratory judgment” that the Village’s red light camera ordinance is' “unconstitutional, unlawful, void ab initio, and unenforceable” under state law and the federal Due Process Clause. (Id. ¶75.) They allege that the ordinance fails to offer violators the opportunity to challenge the violation in court, which in their view is a requirement of the state’s enabling statute. (Id. ¶ 76.) In Count III, Plaintiffs allege “unjust enrichment”; they claim that “[bjecause of the unconstitutional applications and unlawful terms and enforcement” of the ordinance, the Village “has never been legally entitled to collect any sums from Plaintiffs, or any members of the Plaintiff Class, for photo red light violations.” (Id. ¶ 97.) Among other relief, they seek a determination that “Defendant’s passage, enforcement and practices under the Ordinance are unlawful as well as enforceable as violative of the Constitution of the United States,” (id. at 15), a full refund “of all sums they have paid in fees, fines, taxes or penalties,” an award of other damages, court costs, attorneys fees, and “other relief as the Court deems just, fair and equitable.” (Id. at 21.)

On November 24, 2015, the Village removed the case to this Court. (R. 1, Notice of Removal.) After a preliminary review, the Court dismissed the complaint without prejudice and afforded Plaintiffs an opportunity to either file an amended federal complaint or move to remand. (R. 4, Min. Entry.) On December 22, 2015, Plaintiffs filed, a motion to remand. (R. 9, Mot. to Remand.) The motion is somewhat difficult to parse, but Plaintiffs appear to raise three separate, arguments in support of their requested relief. First, they request that the Court abstain from exercising jurisdiction over the entire case, or at least the state law claims, pursuant to Texas Railroad Commission v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). (R. 9, Mot. to Remand at 2.) Second, they argue that this Court should “sever” and remand the state-law claims pursuant to 28 U.S.C. § 1441(c). (Id.) Finally, they request that the Court exercise its discretion under 28 U.S.C, § 1367(c)' to relinquish jurisdiction over the state-law claims. (Id. at 3-4.) The Village opposes-the motion, arguing that this case was properly removed and that there is no basis to remand or stay any portion of the case. (R. 12, Resp.)

LEGAL STANDARD

A defendant can remove “any civil action brought in a State court of which the district courts of the United States have original jurisdiction.” 28 U.S.C. [878]*878§ 1441(a). The Court, has original jurisdiction over claims arising under federal law. 28 U.S.C.. § 1331 (“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”).

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Cite This Page — Counsel Stack

Bluebook (online)
191 F. Supp. 3d 874, 2016 U.S. Dist. LEXIS 75586, 2016 WL 3339561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elftmann-v-village-of-tinley-park-ilnd-2016.