ASHLAND — A lawsuit filed last month by a group of motorcycle owners that claim their bikes were illegally seized by the Kentucky State Police as part of a criminal investigation has been moved from state to federal court.
An order was entered recently transferring the case from Boyd Circuit Court to U.S. District Court in Ashland.
The main reason the case was transferred is it involves questions of whether the plaintiffs’ Constitutional rights were violated, said Catlettsburg attorney Garis Pruitt, who filed the suit on behalf of the motorcycle owners.
In the state court complaint, the three name plaintiffs, Mark Justice, Terry Elliott and Pete Withrow, all of Ashland, claimed their cycles were among about 45 seized from owners in and around Boyd County last summer by the KSP and FBI.
Each of the seizures was done “without a warrant and without court permission” and were outside the scope of the KSP’s statutory authority, the complaint alleged.
The suit names as defendants the KSP and William Riley, a detective with the agency’s Lexington-based Special Investigations Section.
In its response to the suit, the KSP acknowledged seizing the bikes and it continues to hold them. However, the agency denies the vehicles were wrongly taken from their owners and maintains it acted within the scope of Kentucky law.
The KSP also states the cycles were seized “in conjunction with a joint interstate criminal investigation” with the FBI.
In an amended complaint filed in federal court, Pruitt maintains that by seizing the motorcycles without warrants and without giving the owners the opportunity to contest the seizures, the KSP violated the owners’ rights to due process of law under the Fourth, Fifth and Fourteenth Amendments to the U.S. Constitution.
Also, Pruitt argues the state law the KSP cites to justify the warrantless seizures “is unconstitutional both on its face and so applied.” Similar laws permitting warrantless seizures of private property based solely on police officers’ beliefs have been struck down as unconstitutional in other states, the complaint states.
The suit was filed in federal court on behalf of the three named plaintiffs and “42 others similarly situated.” Court records also indicate Justice is no longer part of the case.
KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.
Local News
Motorcycle suit moved to federal court
- Local News
-
-
Business touts better living
Yvette Pennington is a true believer in the power of living better as we live longer.
-
Police beat: 2/9/12
The following information was taken from Ashland Police Department reports:
-
Safe Harbor benefits from Shop and Share Day
Shop and Share Day brought a record number of donations to Safe Harbor of Northeast Kentucky.
-
Local briefs: 2/9/12
For the fifth year in a row, Susan G. Komen for the Cure has given the Southern Ohio Medical Center Cancer Center funding to support the Hands of Hope grant program.
-
Judge's ruling paralyzes General Assembly
Confusion reigns in the wake a judge’s ruling that state redistricting maps passed by the General Assembly are unconstitutional. That ruling says until the legislature offers a plan which meets constitutional muster, 2012 candidates for the legislature must run in the districts drawn 10 years ago.
-
10 most romantic hotels in the U.S.
Valentine’s Day will be here soon, and a romantic getaway may be just what the heart needs. TripAdvisor has released its list of the 10 most romantic hotels in the country, based on travelers’ reviews about the beautiful scenery, friendly staffs and romantic amenities like hot tubs and fireplaces.
-
Search for new ACTC president to begin soon
A national search will begin soon to replace Ashland Community and Technical College President Gregory D. Adkins, who is retiring.
-
Red Tails recommended
With sincere appreciation to their hosts, local military veterans whose service spanned World War II to Iraq and Afghanistan gathered at Kyova 10 Theatre late Tuesday afternoon for a screening of the film “Red Tails.”
-
More updates coming to Boyd jail
While a nonfunctional fire alarm system has been fixed, the Boyd County Detention Center is now dealing with problems in another of its security systems.
-
APD probes early morning stabbing
Ashland police are investigating a stabbing in the area of 30th Street and Greenup Avenue early Tuesday morning.
- More Local News Headlines
-
Business touts better living
Man Killed in Courthouse Shootout
Video of Ga. Man Who Killed Girl Released
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
Nevada Highway Patrol, City Settle Beating Case
White House Attacks Romney on Birth Control
Homs Bombardment Continues, Global Outcry Grows
Mo. Teen Gets Life Sentence for Killing Girl, 9
Lower-hassle Screening to Be Tested at Airports
Raw Video: Dog Rescued From Icy Colo. Water
Helmet Camera Captures Calif. Fire Rescue
Worker Tells 911: Powell 'exploded the House'
Triple Win: Santorum Takes Minn., Mo., Colo.
Injured Marine Inspired by Homecoming
No Rape Charges Against Son of NYPD Commissioner
Egypt's Ruling Generals Play Risky Game With US
Former Komen Exec Defends Funding Cut
Skip the Coffee Cup and Inhale Your Caffeine Fix
Calif. Gay Marriage Ban Ruled Unconstitutional
Jury Selection for Ex-UVa Athlete Enters 2nd Day
