No. 25-5098

Elizabeth Nelson, et al. v. Service Towing, Inc., et al.

Lower Court: Sixth Circuit
Docketed: 2025-07-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process municipal-liability property-rights section-1983 towing-dispute
Latest Conference: 2025-10-10
Question Presented (from Petition)

1) Do pro'se appellants ' state a 42 USC Sec 1983 claim under 4, 5,14ft Amendment when
appellee city of Warren MI property and maintenance employees, appellee Service
Towing Inc. tow 4 plated, insured vehicles off private property-their home- behind privacy
fence, i.e. curtilage without notice or an opportunity to be heard per Mullane v. Central
Hanover TR. Co., 339 U.S. 306 (1950) falsifying the address the cars were towed from on
records by tow company and take personal property?

2) Do pro'se appellants ' state a 42 USC Sec 1983 claim when Doe appellees Warren police
refuse to file a police report that shows the "falsified address " on the records the 4 cars were
towed from per question #1?

3) Do pro'se appellants state a claim under 42 USC Sec 1983 for "state created risk" when 4
cars were towed by state actors in conspiracy with private tow company appellees 5/1/20
during covid lockdown when appellants had to exit "self-isolation " in Cuyahoga county,
OH-a then "low covid " county and drive to Macomb County, MI a then "high covid " county
to retrieve 4 vehicles during "covid lock down " and enter (EE) Service Towing Inc. small
lobby that was not enforcing covid distancing?

4) Do pro'se appellants state a claim under 42 USC Section 1983 against appellees Service
Towing Inc., and towing company employee(s) for conspiracy with appellee state actors
city employees entering appellants ' private property (home-curtilage) towing 4 plated,
insured vehicles from behind privacy fence during covid lockdown, falsifying the address
the vehicles were towed from per tow company records when towing cars pursuant to a
contract as a defense with appellee city of Warren and being directed by appellee city of
Warren Property & Maintenance appellees?

Question Presented (AI Summary)

Do pro'se appellants state a 42 USC Sec 1983 claim when city of Warren MI property and maintenance employees and Service Towing Inc. tow 4 plated, insured vehicles off private property without notice or opportunity to be heard, falsifying tow records and taking personal property?

Docket Entries

2025-10-14
Petition DENIED.
2025-09-25
DISTRIBUTED for Conference of 10/10/2025.
2025-09-12
Waiver of right of respondents Service Towing, Inc.; Able Towing, LLC; Edward D. Hertz (Deceased); Dennis Hertz; Bruce Hertz; Sandra Hertz; Bruce (John Doe Driver Truck 210); Rany ((John Doe Truck 226); (John Doe Truck 162) to respond filed.
2025-09-11
Waiver of Service Towing, et al. of right to respond submitted.
2025-09-11
Waiver of right of respondent Warren, Michigan, et al. to respond filed.
2025-08-14
Motion of Warren, Michigan, et al. to extend the time to file a response is granted and the time is extended to and including September 15, 2025, for all respondents.
2025-08-13
Motion to extend the time to file a response is granted and the time is extended to and including September 15, 2025, for all respondents.
2025-08-11
Motion of Warren, Michigan, et al. to extend the time to file a response from August 14, 2025 to October 13, 2025, submitted to The Clerk.
2025-08-08
Motion to extend the time to file a response from August 14, 2025 to October 13, 2025, submitted to The Clerk.
2025-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2025)

Attorneys

City of Warren, MI, et al.
Sandro DiMercurioBerry Moorman P.C., Respondent
Elizabeth Nelson, et al.
Elizabeth Nelson — Petitioner
Service Towing, et al.
Sandro Damiano DiMercurioBerry Moorman P.C., Respondent
Thomas H. StidhamLaw Offices of Thomas H. Stidham, Respondent