Adrian Fowler v. Jocelyn Benson
Adrian Fowler v. Jocelyn Benson
Opinion
*252 This is a case about the constitutionality of Michigan's driver's-license suspension scheme, as applied to indigent drivers. Plaintiffs claim that the Michigan Secretary of State's suspension of an indigent person's driver's license, on the basis of unpaid court debt, violates the Fourteenth Amendment. Plaintiffs contend that suspending the driver's licenses of the poor is irrational because license suspension makes their commuting to and from work, for instance, much harder, and therefore reduces the chances that they will pay the debt. Whatever merit Plaintiffs' argument might have as a matter of policy, its merit as a constitutional argument is diminished by the fact that our review of state legislative choices in this arena is markedly deferential. Because Plaintiffs have not shown that Michigan's legal scheme is devoid of a rational basis, we decline Plaintiffs' invitation to etch their preferred driver's-license policy into constitutional bedrock.
The district court granted Plaintiffs' motion to enjoin Michigan's Secretary of State from enforcing Michigan's driver's-license suspension law. Because we find that the Secretary's enforcement of Michigan law does not run afoul of the Fourteenth Amendment, we REVERSE .
I.
Adrian Fowler and Kitia Harris ("Plaintiffs") are Michigan residents who claim that their driver's licenses were suspended due to their inability to pay court debt. 1 Fowler lived in Georgia between 2008 and 2012, where she acquired three tickets for civil infractions. She has not paid the court debt associated with those tickets. In 2012, after moving to Michigan, Fowler attempted to renew her Michigan driver's license, but was unable to do so because she had outstanding court debts in Georgia. In 2013, Fowler was cited for driving with a suspended license as well as speeding. Fowler claims that she went to the Ferndale, Michigan, court to explain that she could not pay the costs associated with her ticket-nearly $ 600-and was told that if she did not return in three weeks with full payment, a warrant would be issued for her arrest.
Fowler works 20 hours a week making $ 8.90 per hour. She claims that she lacks the resources to repay her court debts. Fowler claims that she is unable to find good-paying work as a result of her suspended license because many desirable jobs require a commute for which there is no reliable public transit.
Harris was ticketed in Michigan in 2016 for "impeding traffic." She claims that the citing officer told her to call a particular phone number to determine the amount she owed for the ticket. Harris called the number (which put her in touch with the Michigan 43rd District Court-Ferndale Division) and was told that she owed $ 150. Because she could not make that payment, Harris claims, she asked if she could be placed on a payment program, but was told that she could not, and that if she waited too long to pay off the ticket, her *253 driver's license would be suspended. Roughly a month after her phone call, Harris received a notice in the mail saying that her failure to pay the fine resulted in an increase in the amount she owed and that her driver's license had been suspended. After this lawsuit was filed, Harris' license was subject to suspension on three new grounds unrelated to her failure to pay the court debt stemming from her impeding traffic charge.
Michigan's Secretary of State, Jocelyn Benson ("Secretary Benson"), 2 disputes Harris' account of her interaction with the Ferndale court. Secretary Benson claims that when Harris contacted the court in October 2016, she was given an extension to permit her to make a payment by November 7, 2016, and was informed that a payment by that deadline would give her another extension on the balance and keep her license from being suspended. But because Harris failed to make a payment, the Ferndale court entered default judgment against her on November 14, 2016, and her license was suspended. Secretary Benson claims that, had Harris contacted the Ferndale court again, the court would have made a payment arrangement with her to avoid the suspension of her license. In support of this claim, Secretary Benson provided the affidavit of Linda Carroll, the Court Administrator for the Ferndale court, who explained that "[a]nyone that calls in and makes any type of payment will always be granted an extension." These repayment plans can be started at as little as $ 1 per payment. Carroll also claims that individuals are informed that they can raise their inability to pay at a show-cause hearing.
According to Harris, having her license suspended has been a burden, and she lacks the resources to pay her court debt. Although she receives disability benefits, she claims that, after accounting for living expenses, caring for her daughter, and paying off her medical debt, she lacks sufficient resources to pay the amount she owes in order to have her suspended license reinstated. Harris claims that, on account of her suspended license, among other consequences, she struggles to attend her regular medical appointments.
Plaintiffs brought a putative class action under
Defendant is enjoined from suspending any further driver's licenses of individuals because of nonpayment of any fine, cost, fee or assessment under Michigan Compiled Laws § 257.321a unless and until Defendant or another entity: (1) offers drivers the option to request a hearing where they have the opportunity to demonstrate their inability to pay a fine, cost, fee and/or assessment; (2) provides a hearing when requested; (3) provides reasonable notice to drivers of the hearing opportunity; and (4) institutes alternatives to full payment for those *254 unable to pay (e.g. realistic payment plans or volunteer service).
II.
Before reviewing the district court's preliminary injunction order on the merits, we must address Secretary Benson's four challenges to the district court's subject-matter jurisdiction.
Standing
. We review de novo the district court's conclusion regarding standing.
Friends of Tims Ford v. Tennessee Valley Auth.
,
Second, Secretary Benson argues that Plaintiffs' claimed injury is not redressible. For Article III standing, the relief sought by a plaintiff "must provide redress for the injury."
Parsons v. United States Dep't of Justice
,
Rooker-Feldman
.
Rooker v. Fidelity Trust Co.
,
Secretary Benson argues that Plaintiffs are appealing the adverse judgment of Michigan trial courts, thereby contravening the
Rooker-Feldman
doctrine. But the Michigan statute is clear-it is the Secretary who suspends licenses, even if the Secretary does so only after getting
*255
certain information from trial courts.
The inquiry then is the source of the injury the plaintiff alleges in the federal complaint. If the source of the injury is the state court decision, then the Rooker-Feldman doctrine would prevent the district court from asserting jurisdiction. If there is some other source of injury, such as a third-party's actions, then the plaintiff asserts an independent claim.
Pullman
and
Younger
. Secretary Benson argues that the district court should have abstained from exercising jurisdiction over Plaintiffs' claims under
Railroad Commission of Texas v. Pullman Co.
,
The
Younger
abstention doctrine, meanwhile, cautions federal courts against exercising jurisdiction in cases where they are asked to enjoin pending state proceedings.
See
New Orleans Pub. Serv., Inc. v. Council of City of New Orleans
,
Declaratory relief . Secretary Benson also claims that the district court abused its discretion by holding that it had jurisdiction to decide Plaintiffs' request for declaratory relief. But no declaratory judgment has been issued, and our holding on the merits below moots the possibility that one will be issued.
III.
Standard of Review
. Having established that the district court properly exercised jurisdiction over Plaintiffs' claim,
*256
we now review the merits of the district court's decision granting a preliminarily injunction against Secretary Benson. While the party seeking a preliminary injunction "is not required to prove his case in full at a preliminary injunction hearing,"
Cert. Rest. Dry Cleaning Network L.L.C. v. Tenke Corp.
,
Courts determine whether a party moving for a preliminary injunction has made that showing by weighing whether the party (1) "establish[ed] that he is likely to succeed on the merits," (2) "that he is likely to suffer irreparable harm in the absence of preliminary relief," (3) "that the balance of equities tips in his favor," and (4) "that an injunction is in the public interest."
Id
. at 20,
We review for abuse of discretion the district court's decision to grant a preliminary injunction, but we review de novo conclusions of law-such as whether Plaintiffs are likely to succeed on the merits-that undergird the district court's decision.
See
City of Pontiac Retired Emps. Ass'n v. Schimmel
,
A.
We begin by reviewing the district court's legal conclusion that Plaintiffs were likely to succeed on the merits of their procedural due process claim. The Fourteenth Amendment prohibits "any State" from depriving "any person of life, liberty, or property, without due process of law." U.S. Const. amend. XIV, § 1. Plaintiffs claim that they have been deprived of a property interest-their driver's licenses-without due process of law. "Property interests, of course, are not created by the Constitution. Rather they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law-rules or understandings that secure certain benefits and that support claims of entitlement to those benefits."
Bd. of Regents of State Colleges v. Roth
,
As a threshold matter we must acknowledge that Plaintiffs do not claim merely a general property interest in a driver's license; their specific claim is to a property interest, as indigent individuals, in maintaining their driver's licenses when state law requires they be suspended due to unpaid court debt. Identifying with specificity the nature of the claimed property interest makes a difference, as shown in
Roth
. There, a college professor's one-year teaching contract expired and was not renewed. He claimed that the university's failure to provide him with any notice or opportunity for a hearing concerning its decision not to retain him violated his right to procedural due process. The district court was persuaded. After finding that the professor's interest in retaining his job constituted a property interest (created by the public university's employment contract with the professor) within the contours of the Fourteenth Amendment's Due
*257
Process Clause, the district court deployed a balancing test weighing the relative interests of the professor and the university and concluded that the university should have provided notice and an opportunity for a hearing before deciding not to retain the professor.
Id
. at 570,
Those terms secured his interest in employment up to June 30, 1969. But the important fact in this case is that they specifically provided that the respondent's employment was to terminate on June 30. They did not provide for contract renewal absent 'sufficient cause.' Indeed, they made no provision for renewal whatsoever. ... In these circumstances, the respondent surely had an abstract concern in being rehired, but he did not have a property interest sufficient to require the University authorities to give him a hearing when they declined to renew his contract of employment.
Id
. at 578,
Similarly here. Supreme Court case law recognizes a protectible property interest in a driver's license under state law.
Mackey v. Montrym
,
State law was likewise dispositive in
Bell v. Burson
, where the Court held that because Georgia's statutory scheme made "liability [for an accident] an important factor in the State's determination to deprive an individual of his licenses, the State may not, consistently with due process, eliminate consideration of that factor in its prior hearing."
*258 Here, as in Roth , Bell , and Memphis Light , we must ask whether state law establishes the entitlement that Plaintiffs' claim in this case-a right of the indigent, who cannot pay court debt, to be exempt from driver's-license suspension on the basis of unpaid court debt. 4 The answer is it has not.
Neither the district court nor Plaintiffs identify any legal authority showing that Michigan law directs anyone to consider a license holder's indigency as part of the process of suspending his driver's license for failure to pay court debt. On the contrary, Plaintiffs' central argument throughout this litigation has been that "[Michigan] law-enforced by the Secretary-that mandates suspensions for failure to pay court debt with no exception for indigence or non-willfulness ." Plaintiffs' whole point is that Michigan's statutory scheme does not create such an entitlement.
And that reading of Michigan law appears to be right. Michigan's statutory scheme for license suspension makes no reference to the indigency status of those whose licenses are subject to suspension.
See e.g.
,
*259
Because Plaintiffs do not claim a legal entitlement that falls within the Fourteenth Amendment's protection of property, there is no need to proceed, as the district court did, to the balancing test laid out in
Mathews v. Eldridge
,
The same result would hold true even if we were to proceed to the
Mathews
analysis, as the dissent argues we should. The reason is simple. If Plaintiffs' indigency is not relevant to the state's underlying decision to suspend their licenses, then giving them a hearing-or any other procedural opportunity-where they can raise their indigency would be pointless. Such a procedure would do nothing to prevent the "the risk of erroneous deprivation."
Mathews v. Eldridge
,
The dissent does not argue otherwise. Instead, the dissent claims that indigency
is
relevant under Michigan law. But as explained above, neither the dissent nor any party cites to anything in Michigan law establishing an indigency exception, and in fact the
Plaintiffs themselves
argue that Michigan law does
not
have one.
See
supra note 5 and accompanying text. Of course, if Michigan law
did
have an indigency exception-for instance, if Michigan law prohibited the Secretary from suspending the driver's license of an indigent person-this case would look very different. Under that scenario, a suspension procedure that wholly failed to consider a person's indigency would violate due process. But that is not the case before us. Instead, the record does not establish this
*260
critical point, and therefore we cannot justify the "extraordinary and drastic remedy" of a preliminary injunction.
Munaf
,
B.
Plaintiffs have two more arrows in their quiver, both aimed at showing that Michigan's driver's-license-suspension scheme violates their Fourteenth Amendment rights to equal protection of the law. They argue that Secretary Benson's suspension of their licenses constitutes impermissible wealth discrimination under Griffin v. Illinois and its progeny. They also claim a violation of their rights against extraordinary debt collection, as established under James v. Strange . The district court found Plaintiffs' arguments unlikely to succeed. As do we. 6
The
Griffin
Framework
. Plaintiffs argue that Michigan's driver's-license-suspension scheme violates the Fourteenth Amendment as interpreted under
Griffin v. Illinois
,
First, the district court correctly distinguished the Griffin cases from Plaintiffs' claims because none of the Griffin cases concerned a property interest. Those cases dealt with basic features of the criminal justice system-imprisonment, probation, and appeals. 7 Property interests are *261 not due the same degree of legal protection as the fundamental liberty interests implicated in the Griffin line of cases. As a judge from one of our sister circuits said well:
The Due Process Clause applies to both liberty and property. When there is a distinction, property receives the lesser protection. The burden at a criminal trial, where liberty is at issue, is "beyond a reasonable doubt"; the burden at a civil trial involving property, by contrast, is "preponderance of the evidence." In a criminal trial that can end in a sentence of imprisonment, the defendant is entitled to counsel at public expense if he cannot afford a lawyer; in a civil trial, by contrast, a defendant who cannot afford a lawyer must represent himself. The list could be extended, but the point has been made. Liberty receives the greater protection.
Markadonatos v. Vill. of Woodridge
,
Cases cited by Plaintiffs do not show otherwise. True, the Supreme Court held in
Mayer
that an indigent defendant seeking to appeal a nonfelony conviction that did not entail imprisonment was as entitled to access his trial transcripts as an indigent defendant seeking to appeal a conviction punishable by imprisonment.
Plaintiffs' reliance on
Bearden
is likewise misplaced. They cite
Bearden
for the proposition that Secretary Benson's refusal to exempt those who are
willing
but
unable
to pay violates "the fundamental fairness required by the Fourteenth Amendment." The
Bearden
Court, however, merely held that the
automatic
revocation of a defendant's probation (thereby sending him to jail) because of non-payment of a fine serves no legitimate penological interest unless the sentencing judge inquires further into whether the defendant's non-payment reflected an unwillingness rather than an inability to pay.
Second, contrary to Plaintiffs' claims, their challenge to Michigan's driver's-license-suspension scheme is subject to rational basis review. We review equal protection challenges to laws on grounds of "wealth-classification" only to see if they have a rational basis.
Molina-Crespo v. U.S. Merit Sys. Prot. Bd.
,
*262
Third, Michigan's driver's-license-suspension scheme passes rational basis review. "A 'plaintiff may demonstrate that the government action lacks a rational basis either by negativing every conceivable basis ... which might support the government action, or by demonstrating that the challenged government action was motivated by animus or ill-will.' "
Johnson
,
It is no struggle to conceive of the legitimate government interests pursued by a law suspending driver's licenses for nonpayment of court debt. The state has a general interest in compliance with traffic laws. By imposing greater consequences for violating traffic laws, the state increases deterrence for would-be violators. The state also has legitimate interests in promoting compliance with court orders and in collecting traffic debt.
See
id
. at 747 ;
see also
Blackhawk Mining Co., Inc., v. Andrus
,
Plaintiffs maintain that suspending the driver's license of an indigent license holder for nonpayment is patently irrational because doing so makes it harder for him to obtain and hold a job, which in turn makes him less likely to pay his court debt. Perhaps Plaintiffs are right that the policy is unwise, even counterproductive. But under rational basis review we ask only whether Michigan's statutes are "rationally related to legitimate government
*263
interests."
Johnson
,
Plaintiffs' Extraordinary Debt Collection Claim
. Lastly, Plaintiffs claim that Michigan's license-suspension scheme violates their constitutional right against extraordinary debt collection under
James v. Strange
. In
Strange
, the Supreme Court struck down a Kansas recoupment scheme that required indigent criminal defendants who were afforded counsel at public expense to repay those expenses.
Id
. at 129-31,
Plaintiffs cite Strange for the proposition that Secretary Benson may not, consistent with the Equal Protection Clause, "subject[ ] [Plaintiffs] to a significantly harsher collection method than people who owe other types of debt." Michigan law violates this principle, according to Plaintiffs, because their licenses are suspended due to their court debt, while "people with unpaid private debt do not face license suspension."
The district court correctly rejected this argument under
Fuller v. Oregon
,
In any event, laws challenged under
Strange
are subject to rational basis review.
Johnson
,
C.
As we have held before "[b]ecause the district court committed an error of law-on
*264
the all-important likelihood-of-success factor, no less-it abused its discretion in granting a preliminary injunction."
Southern Glazer's Distribs. of Ohio, LLC v. Great Lakes Brewing Co.
,
IV.
We REVERSE the judgment of the district court and REMAND for proceedings consistent with this opinion.
BERNICE BOUIE DONALD, Circuit Judge, dissenting. 1
DISSENT
The question before us is whether Michigan may, in accord with due process, impose an automatic license-suspension-scheme on indigent drivers for failure to pay court fines without regard to their ability to pay and without affording them reasonable payment alternatives. In my view, it may not.
The Supreme Court has long recognized a protected property interest in the continued possession of a driver's license.
See
Bell v. Burson
,
The majority commits two critical errors. First, it ignores age-old Supreme Court precedent that squarely recognizes a protected property interest in the continued possession of a driver's license and proceeds as if Plaintiffs must establish a more specific property interest. Second, and relatedly, it relies solely on Michigan's deprivation procedures to define the extent of Plaintiffs' property interests.
See
Maj. Op. 257 ("Michigan's statutory scheme for license suspension makes no reference to the indigency status of those whose licenses are subject to suspension."). This puts the cart before the horse. Indeed, the Supreme Court has repeatedly admonished courts not to define a property interest by its deprivation procedures.
See
*265
Cleveland Bd. of Educ. v. Loudermill
,
Under the proper due process framework, I believe Plaintiffs have an uncontroverted property interest in the continued possession of their driver's licenses. This principle holds true without regard to the procedures a state establishes for its deprivation. Balancing the relevant interests, Michigan's license-suspension scheme-mandating the suspension of driver's licenses for failure to pay, without consideration of a person's ability to pay-violates Plaintiffs' procedural due process rights. I respectfully dissent.
I.
The facts are largely undisputed. Michigan imposes fines for traffic violations. If those fines are not paid within 14 days from the notice of suspension, Michigan law instructs the Secretary to "immediately suspend" the person's driver's license. 3 A driver is notified for the first time that his or her driver's license is subject to suspension 28 days after he or she fails to pay.
Adrian Fowler and Kitia Harris are indigent and unable to pay the fines that resulted from their traffic infractions. Fowler, a single mother, works part-time and earns $ 712 each month. Fowler alleges she turned down a better employment opportunity because it required her to travel through the metropolitan area, something she cannot do without a driver's license or suitable public transportation. She also contends that her inability to drive has reduced the likelihood that she will be able to pay her fines. Harris, also a single mother, suffers from a chronic medical condition and receives disability benefits in the amount of $ 1,218 each month. Harris alleges that, because she is unable to stand for long periods of time due to her health, she cannot use public transportation and is unable to attend many of her doctor's appointments. Fowler and Harris both tried to establish a payment plan to pay their fines, but Michigan courts refused.
The Secretary does not dispute that Plaintiffs are indigent and unable to pay their fines. Nor does the Secretary contest that due process requires that Plaintiffs receive notice and an opportunity to demonstrate that they are unable to pay. To these points, the Secretary emphatically agrees. Rather, the Secretary contends that Plaintiffs' procedural due process rights are satisfied because Michigan does permit drivers to assert their inability to pay and seek alternatives, and that Plaintiffs would have been provided notice of the available procedures had they appeared in court for the underlying traffic violation. 4
*266
The Due Process clause safeguards against a state's impermissible deprivation of a protected property interest. Under the due process analysis, we consider two primary questions: whether the plaintiff has a liberty or property interest entitled to due process protection; and if so, whether the plaintiff was provided sufficient notice and afforded an opportunity to present objections.
Mullane v. Central Hanover Trust Co.
,
The first question under the due process framework is forthright: The Supreme Court has long recognized that "[o]nce [driver's] licenses are issued, ... their continued possession may become essential in the pursuit of a livelihood ... [and they] are not to be taken away without that procedural due process required by the Fourteenth Amendment."
Bell
,
Despite clearly established law, the majority concludes that Plaintiffs have no entitlement right at all to challenge their license suspensions on the basis that they are indigent. According to the majority, "the mere fact" that the Supreme Court has "recognize[d] a protectable property interest in a driver's license under state law," does not create the "more specific" entitlement interest in an indigency exception from license suspension. Maj. Op. 257. The majority's analysis rests entirely on its misapprehension of the Supreme Court's decision in Roth .
The Supreme Court in
Roth
held that a professor who was hired on a fixed term of one academic year did not have a protected property interest in continued employment after his contract ended.
Roth
, 408 U.S. at 578,
The majority observes correctly that
Roth
looked to the "nature of the interest at stake" to determine whether the Plaintiff had a protected property interest.
The majority likens the one-year teaching contract in
Roth
to the Plaintiffs' property interest in continued possession of their driver's licenses. This comparison falls short. Central to
Roth
's holding was that the plaintiff had no "no tenure rights to continued employment."
In cases following
Roth
, the Court has held steadfast to the principle that the nature of the property interest at stake is ingrained in the rules or regulations that confer the underlying property interest, not in the state's deprivation procedures. For example, in
Goss v. Lopez
, several high school students challenged Ohio's statute that permitted school officials to suspend students for 10 days for misconduct without providing students a pre-suspension hearing.
This Court has since reiterated this principle in the clearest of terms:
[T]he parties suggest two sources for [plaintiff's] property interest: the Village's procedure for evaluating requests for building permits and the building permit itself. Of the two possible sources for the property interest at stake, only the latter is cognizable. This Court has held that processes mandated by municipal ordinances or state law are insufficient to establish a property interest.
Chandler v. Vill. of Chagrin Falls
,
Compounding its foundational misapprehension of
Roth
, the majority then misreads the Supreme Court's decision in
Bell
, taking it to stand for the proposition
*268
that this Court should look to Michigan's license-suspension statute to determine whether "Michigan law" creates a claim of entitlement in an indigency exception. Maj. Op. 257. However,
Bell
does not support such an approach. In
Bell
, the plaintiff challenged Georgia's Motor Vehicle Safety Responsibility Act, which provided that the driver's license of an uninsured motorist involved in an accident would be suspended unless that motorist could post a security bond for the amount of damages claimed by a party to the accident.
Bell
,
Although
Bell
canvassed the state's deprivation statute to determine whether the statutory scheme made "liability an important factor in the State's determination to deprive an individual of his licenses," it did so only to determine
what process was due
, not to define the plaintiff's property interest, as the majority does here.
Bell
began its analysis by first emphasizing the driver's protected property interest in the continued possession of his driver's license.
Having established that Plaintiffs have a protected property interest in the continued possession of their driver's licenses, "the question remain[ing] [is] what process is due."
Morrissey
, 408 U.S. at 481,
Michigan did not provide Plaintiffs sufficient notice before it deprived them of their driver's licenses. Even assuming that the Secretary is correct in the assertion that Plaintiffs were provided alternatives to payment in full before having their licenses suspended, it sets forth no basis for its failure to provide Plaintiffs with "adequate notice" of the available alternatives in the statute, the citations, or through the court's website.
See
Mathews
,
Because, "unlike some legal rules," due process is "flexible" and "calls for such procedures as the particular situation demands," we weigh the factors set forth in *269 Mathews to determine the scope of the hearing required:
[f]irst, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements would entail.
Mathews
,
The first and third factors are simple. It is unquestionable that the private interests at stake are high when a state deprives a person of his or her driver's license. A driver's license can be a necessary element to maintaining a livelihood, and the Supreme Court has "frequently recognized the severity of depriving a person of the means of livelihood."
Loudermill
,
On the other hand, the government's interests in suspending driver's licenses without a pre-deprivation hearing are minimal. The Secretary advances no argument that permitting the Plaintiffs to challenge their ability to pay fines before having their licenses suspended would cause undue fiscal or administrative burdens. Quite the opposite: the Secretary maintains that Michigan does provide a pre-deprivation hearing for a driver to contest his or her ability to pay. See Appellant's Br. at 50-51 ("[T]he process that was due was available to [the Plaintiffs], including pre-deprivation indigency accommodations.").
Finally, the risk of erroneous deprivation of the driver's license of a person who is truly unable to pay is far too great unless there are added procedures. The question of whether one is indigent would involve a fact-intensive inquiry that might require a driver to testify regarding their financial status and provide documentation. This is a small price to pay to avoid financial ruination of an indigent individual or family. Given the balancing of these factors, due process requires that Michigan provide drivers a pre-deprivation hearing to contest their license-suspension on the basis that they are indigent and to provide reasonable alternatives to payment.
See
Bell
,
*270 The majority, on the other hand, concludes that "even if we proceed to the Mathews analysis," Plaintiffs' due process claim still fails for the same reason it concludes Plaintiffs have no property interest in the first instance: "indigency is not relevant to the state's underlying decision to suspend their licenses." Maj. Op. 259. The majority reads Bell and Dixon for the principle that a state's decision not to make a factor relevant to its deprivation scheme is dispositive under Mathews . Neither case can be stretched so far; it would render the balancing test in Mathews meaningless.
The Court in
Bell
affirmatively answered whether due process might still require a state to consider factors that were not relevant to its deprivation scheme. According to
Bell
, if fault and liability were "irrelevant to the [state's] statutory scheme," the specific "nature of the case" would dictate whether the state must nonetheless consider those factors.
Bell
,
Neither does
Dixon
. The majority, seizing upon a single phrase in
Dixon
-that the pre-deprivation hearing sought by the plaintiff "would not serve to protect any [of the plaintiff's] substantive rights"
id. at 114,
What is more, the majority cannot escape that the
Dixon
Court upheld the state's pre-deprivation procedures only after carefully weighing each of the
Mathews
factors.
*271 II.
Because I would affirm the district court on the basis that Michigan's license-suspension statute violates Plaintiffs' procedural due process rights, I would not reach the equal protection issue. However, because I also part ways with the majority's equal protection analysis, I write separately to express my divergent views.
At the outset, the fundamental principle pronounced in
Griffin v. Illinois
,
In
Griffin
, the Supreme Court invalidated an Illinois statute that required all defendants to purchase transcripts in order to appeal their convictions.
Griffin
,
As its sole basis for distinguishing
Griffin
, the majority-relying on a single Seventh Circuit concurrence in
Markadonatos v. Vill. of Woodridge
,
To be sure, later cases reveal that
Griffin
's principle cannot be so easily cabined to instances where imprisonment is at stake. Indeed, in
Mayer v. City of Chicago
,
The majority concludes that Michigan's license-suspension scheme withstands rational basis review because Michigan "has legitimate interests in promoting compliance with court orders and in collecting traffic debt." Maj. Op. 262. Like the Courts in
Griffin
,
Bearden
, and
Mayer
, I find Michigan's license-suspension scheme problematic. It is difficult to rationalize-and, notably, the Secretary does not even attempt to do so-how suspending the driver's license of a person who is truly unable to pay makes it any more likely that Michigan will recover the costs it seeks to collect. Surely, suspending the driver's license of "someone who through no fault of his own is unable to [pay]" will not "make [payment] suddenly forthcoming."
Bearden
,
III.
Michigan's license-suspension scheme imposes a harsher sanction on indigent drivers than their non-indigent peers. Given the great degree of deprivation at stake, Michigan's failure to inquire into a driver's ability to pay and afford alternatives violates due process and equal protection. Because the majority's decision today erodes essential constitutional promises, I dissent!
We refer to court debt as a catch-all term for fines, court costs, fees, or assessments identified under Michigan Compiled Laws § 257.321a.
This appeal was filed when Ruth Johnson held the office of Secretary of State of the State of Michigan. Pursuant to FRAP 43(c)(2) Automatic Substitution of Officeholder, the court has substituted her successor, Jocelyn Benson, as a party.
See
We hold aside, for the moment, the question of whether such an entitlement can be found in the Equal Protection Clause of the Fourteenth Amendment, which we address in Part III.B.
Secretary Benson's approach to this litigation, meanwhile, muddies the waters. At first glance, one might think that Secretary Benson has in fact conceded that a pre-deprivation indigency hearing is currently required under state law. A more discerning look reveals that she made no such claim.
Secretary Benson argues that Plaintiffs neglected to pursue an "ability to pay" hearing at the Ferndale court that ultimately sent the information to Secretary Benson that triggered their license suspension. Secretary Benson maintains that Plaintiffs have not shown that the Ferndale court fails to provide what Plaintiffs request-"extensions for defendants who are unable to pay the full amount." As a consequence, says Secretary Benson, Plaintiffs are barred from pursuing their procedural due process claim because they never took advantage of the process provided.
This argument does not concede that Michigan law clearly entitles Plaintiffs to an indigency exception. Secretary Benson's account of the process Plaintiffs failed to pursue relies on an affidavit from Linda Carroll, the Court Administrator for the 43rd District Court-Ferndale Division. The Carroll affidavit says nothing about Michigan law, and more specifically it says nothing about the Michigan laws that the district court enjoined Secretary Benson from enforcing. Instead, the Carroll affidavit says that there are court rules or policies with provisions "for night court (to allow an opportunity to appear in court without conflicting with work schedules), extensions on payment requirements, ability to pay hearings, payment plans, as well as alternative payment options which include community service."
But there are two problems with the Carroll affidavit with respect to Plaintiffs' procedural due process claim. First, even if the process accounted for in Carroll's affidavit can serve as a body of law creating a legal entitlement to an "ability to pay" hearing, Plaintiffs' argument runs into a still more fundamental problem-their suit names the wrong party. Any injunction aimed at getting adequate notice of an available "ability to pay" hearing would need to be directed at either the 43rd District Court or the Clerk's office. Whether such a claim would be likely to succeed is another matter for another day.
Second, it is doubtful whether the process described in the affidavit amounts to a legal entitlement of any sort. The affidavit does not describe or cite the "provisions" to which it refers. When the affidavit refers to the specific "ability to pay" procedures of the court, they are described in discretionary terms as things that "the Clerk's office will" do. Moreover, it appears from the Carroll affidavit that the procedures the Clerk makes available may be in tension with other court rules:
Although court rules generally state that fees, costs and other financial obligations imposed by the court must be paid at the time of assessment, for individuals present in court, the Clerk's office will: [lists relevant procedures].
Whatever the Carroll affidavit shows vis-à-vis the local rules or office practices of the 43rd District Court-Ferndale Division, it does not show that Michigan law establishes a right to an indigency exception from license suspension. The discretionary actions of a court administrator, or even a state judge, in adopting an administrative process, do not amount to the statutory entitlement the Supreme Court has acknowledged as a legitimate basis for a procedural due process claim. Upon so flimsy a basis as that we could not conclude that "looking to the operation of the State's statutory scheme, it is clear that [indigency] ... plays a crucial role ...."
Bell
,
If found likely to succeed on these claims, Plaintiffs would have resuscitated the district court's conclusion on the procedural due process claim because they would have identified a legal entitlement in federal constitutional law that triggers the Due Process Clause. Of course, they would still have to show that the procedures in place are constitutionally inadequate, an issue we do not address.
Griffin
, through divided opinions, held that Illinois violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment by failing to furnish trial transcripts to indigent criminal defendants who needed transcripts in order to file an appeal. Justice Black's opinion explained that by doing so, Illinois "den[ied] adequate appellate review to the poor while granting such review to all others."
First, Plaintiffs' claim does not implicate a fundamental right. Plaintiffs concede that we have held "there is no fundamental right to drive,"
Duncan v. Cone
,
None of the authority cited by Plaintiffs indicates otherwise. The language "actually deters travel" comes from
Attorney Gen. of New York v. Soto-Lopez
, in which a plurality of the Court stated that "[a] state law implicates the right to travel when it actually deters such travel, when impeding travel is its primary objective, or when it uses any classification which serves to penalize the exercise of that right."
Second, Michigan's law does not target a suspect class. "[A] class of less wealthy individuals is not a suspect class warranting strict scrutiny review."
Molina-Crespo
,
I agree with the majority that Plaintiffs have standing to bring this action and that we need not abstain under the Younger or Pullman doctrines from reaching the merits of Plaintiffs' claims.
The Secretary does not dispute Plaintiffs' claim that Michigan must provide them a hearing to contest their ability to pay and seek alternatives before it suspends their driver's licenses, much less contend Plaintiffs have no claim of entitlement for which to challenge their suspensions. Tellingly, of the Secretary's seventy-three-page brief, she devoted only three pages to due process.
In addition to fines, a driver is also subject to court costs of up to $ 100 and a mandatory assessment fee of $ 40.
Despite these averments, in the majority's view, the Secretary "does not concede that Michigan law clearly entitles Plaintiffs to an indigency exception." Maj. Op. 258 n.5 (emphasis in original). Rather, according to the majority, the Secretary merely states the "rules or policies" of Michigan courts as provided by the court administrator. Maj. Op. 258 n.5. The record, however, belies this contention. According to the Secretary, "[o]fficial state records ... show that the opportunity to raise an ability to pay for the enforcement of a court order is provided by Michigan courts under existing law ." R. 33, at 465 (emphasis added). The "existing law" the Secretary references is surely that of Michigan. Thus, the Secretary's concession is unequivocal.
The Secretary points to
Dixon v. Love
,
Reference
- Full Case Name
- Adrian FOWLER; Kitia Harris, on Behalf of Themselves and Others Similarly Situated, Plaintiffs-Appellees, v. Jocelyn BENSON, Michigan Secretary of State, in Her Official Capacity, Defendant-Appellant.
- Cited By
- 53 cases
- Status
- Published