Tear Down This Wall
4/23/2007, 10:33 AM
A class action lawsuits has been certified in favor of citizens given tickets by these Big Brother-like protuberances:
Judge creates class action for camera lawsuit
DAVENPORT, Iowa (AP) -- A Scott County judge has ruled that a lawsuit that halted Davenport's traffic cameras can be a class action.
City officials say they will appeal Judge Gary McKenrick's decision.
The ruling cleared up with the lawsuit, filed on behalf of Monique Rhoden and Curt Canfield, could cover all drivers who received camera-related tickets and whether drivers were entitled to refunds of their fines.
McKenrick ruled in January that the city's camera ordinance was illegal.
The city claims that a class action would include thousands of people, including people who paid the fine, those who didn't pay the fine and fought the citation and either won or lost. McKenrick decided Friday that wasn't reason enough for him not to certify it.
He also said the lawsuit met 13 requirements needed to be certified a class action.
The fines were "illegal exaction, unjust enrichment and restitution," the judge wrote in ordering the refunds.
Dick Davidson, an attorney for the plaintiffs, said the case is perfect fit for a class action.
"...because people involved only have $40 or $60 invested in it," he said. "That is what class actions are made for; each individual doesn't have a large amount invested, but in the whole, there is a million and a half dollars at stake."
The first of eight speed cameras was installed in January 2006. The city's five red-light cameras were put up in 2004.
Rhoden, of Rock Island, filed her lawsuit in August after a camera caught her speeding. Canfield, of Davenport, was added as a plaintiff a few months later.
A hearing to determine the amount of refunds and other issues is scheduled for June 18.
Judge creates class action for camera lawsuit
DAVENPORT, Iowa (AP) -- A Scott County judge has ruled that a lawsuit that halted Davenport's traffic cameras can be a class action.
City officials say they will appeal Judge Gary McKenrick's decision.
The ruling cleared up with the lawsuit, filed on behalf of Monique Rhoden and Curt Canfield, could cover all drivers who received camera-related tickets and whether drivers were entitled to refunds of their fines.
McKenrick ruled in January that the city's camera ordinance was illegal.
The city claims that a class action would include thousands of people, including people who paid the fine, those who didn't pay the fine and fought the citation and either won or lost. McKenrick decided Friday that wasn't reason enough for him not to certify it.
He also said the lawsuit met 13 requirements needed to be certified a class action.
The fines were "illegal exaction, unjust enrichment and restitution," the judge wrote in ordering the refunds.
Dick Davidson, an attorney for the plaintiffs, said the case is perfect fit for a class action.
"...because people involved only have $40 or $60 invested in it," he said. "That is what class actions are made for; each individual doesn't have a large amount invested, but in the whole, there is a million and a half dollars at stake."
The first of eight speed cameras was installed in January 2006. The city's five red-light cameras were put up in 2004.
Rhoden, of Rock Island, filed her lawsuit in August after a camera caught her speeding. Canfield, of Davenport, was added as a plaintiff a few months later.
A hearing to determine the amount of refunds and other issues is scheduled for June 18.