SEARCH

Santander Consumer USA Inc. v. County of Suffolk

Lienholder Lacks Property Interest in 'Present Possessory Right' to Seized Vehicles

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER Plaintiff Santander Consumer USA, Inc. (“Plaintiff”) commenced this action pursuant to 42 U.S.C. §1983 (“Section 1983″) against the County of Suffolk (the “County”), arising out of allegations that the County seizes vehicles without notice to properly recorded lienholders in violation of the Fourth and Fourteenth Amendments of the United States and New York state Constitutions, inter alia. (Compl., ECF No. 1.) Before the Court is the County’s motion to dismiss the Complaint. (Mot., ECF No. 16; County Br., ECF No. 16-3; Pl. Opp., ECF No. 18¹; Reply, ECF No. 20.) For the reasons that follow, the motion is GRANTED in part and DENIED in part. Plaintiff is GRANTED leave to file an Amended Complaint. BACKGROUND² Plaintiff is a corporation that provides financing for the purchase of vehicles and is the holder of duly recorded liens and security interests in certain vehicles (the “Subject Vehicles”). (Compl.

8, 10.) In brief, Plaintiff alleges that the County unconstitutionally seized and deprived Plaintiff of its interest in the Subject Vehicles by: (1) refusing to comply with due process as mandated by the Second Circuit in Ford Motor Credit Co. v. New York City Police, 503 F.3d 186 (2d Cir. 2007); (2) failing to surrender possession of the Subject Vehicles unless Plaintiff executed a general release of liability and/or indemnification in favor of the County; (3) imposing possessory liens over the Subject Vehicles and refusing to return possession until the liens were paid; (4) detaining the Subject Vehicles without warrant, or without an exception to the warrant requirement (collectively, the “Deprivations”). (Id.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...

Apply Now ›

Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...

Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›