ROSEMONT TAXICAB CO., INC. et al v. THE PHILADELPHIA PARKING AUTHORITY et al

Filing 46

MEMORANDUM AND ORDER THAT MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS THE PHILADELPHIA PARKING AUTHORITY (DOC. 32) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS THE PHILADELPHIA PARKING AUTHORITY, WILLIAM SCHMID AND STEVEN MARSHALL ON COUNT IV; COUNT V; COUNT VI AS OUTLINED HEREIN. MOTION FOR SUMMARY JUDGMENT AS TO LIABILITY OF PLAINTIFFS GERMANTOWN CAB COMPANY AND ROSEMONT TAXICAB CO., INC (DOC. 33) IS GRANTED IN PART AND DENIED IN PART AS OU TLINED HERIEN. JUDGMENT ON LIABILITY IS ENTERED IN FAVOR OF PLAINTIFFS GERMANTOWN CAB COMPANY AND ROSEMONT TAXICAB CO., INC. AND AGAINST DEFENDANT THE PHILADELPHIA PARKING AUTHORITY AS OUTLINED HEREIN, ETC. DEFENDANT THE PHILADELPHIA PARKING AUTHORI TY IS PERMANENTLY ENJOINED FROM CONDUCTING WARRANTLESS SEIZURES OF PLAINTIFFS NON-MEDALLION TAXICABS THAT ARE OPERATED PURSAUT TO A CERTIFICATE OF PUBLICE CONVENIENCE ISSUED BY THE PENNSYLVANIA PUBLIC UTILITIES COMMISSION, ETC. SIGNED BY HONORABLE JOHN R. PADOVA ON 6/26/18. 6/26/18 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROSEMONT TAXICAB CO., INC and
GERMANTOWN CAB COMPANY,
Plaintiffs,
v.
THE PHILADELPHIA PARKING
AUTHORITY, WILLIAM SCHMID,
and STEVEN MARSHALL,
Defendants.

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CIVIL ACTION NO. 16-3601

ORDER
AND NOW, this 26th day of June, 2018, upon consideration of the parties’ cross
Motions for Summary Judgment, all responses and replies thereto, and oral argument
conducted on May 15, 2018, IT IS HEREBY ORDERED as follows:
1.

The Motion for Summary Judgment of Defendants The Philadelphia Parking Authority,

William Schmid and Steven Marshall (Docket No. 32) is GRANTED IN PART as to the
following counts of Plaintiffs’ Complaint:

Count IV (conversion), Count V (trespass to

chattels), Count VI (fraud); those portions of Counts I, II, and III alleging claims based on
Defendant The Philadelphia Parking Authority’s seizure of Plaintiff Germantown Cab Company’s
taxicab G91 and Plaintiff Rosemont Taxicab Co., Inc.’s taxicab R34.

The Motion is also

GRANTED as to Plaintiffs’ claims for punitive damages. The Motion is DENIED in all other
respects.
Judgment is ENTERED in favor of Defendants The Philadelphia Parking Authority,
William Schmid and Steven Marshall on Count IV; Count V; Count VI; those portions of Counts
I, II, and III alleging claims based on Defendant The Philadelphia Parking Authority’s seizure of

Plaintiff Germantown Cab Company’s taxicab G91 and Plaintiff Rosemont Taxicab Co., Inc.’s
taxicab R34; and Plaintiffs’ claims for punitive damages.
2.

The Motion for Summary Judgment as to Liability of Plaintiffs Germantown Cab

Company and Rosemont Taxicab Co., Inc. (Docket No. 33) is GRANTED IN PART as to Count
I (alleging violations of the Fourth Amendment under 42 U.S.C. § 1983 and Article 1, Section 8
of the Pennsylvania Constitution), Count II (alleging violations of the Fourteenth Amendment and
Article 1, Section 1 of the Pennsylvania Constitution) and Count III (declaratory relief). The
Motion is DENIED to the extent it seeks summary judgment based upon Defendant The
Philadelphia Parking Authority’s seizure of Plaintiff Germantown Cab Company’s taxicab G91
and Plaintiff Rosemont Taxicab Co., Inc.’s taxicab R34.
Judgment on liability is ENTERED in favor of Plaintiffs Germantown Cab Company and
Rosemont Taxicab Co., Inc. and against Defendant The Philadelphia Parking Authority on Counts
I, II and III of Plaintiffs’ Complaint, with the exception of any claim based upon Defendant The
Philadelphia Parking Authority’s seizure of Plaintiff Germantown Cab Company’s taxicab G91
and Plaintiff Rosemont Taxicab Co., Inc.’s taxicab R34.
3.

The Court DECLARES that the 53 Pa. Cons. Stat. § 5714 and 52 Pa. Code §§ 1017.51

and 1017.52, are unconstitutional as applied by Defendant The Philadelphia Parking Authority to
conduct warrantless seizures of Plaintiffs’ non-medallion taxicabs that are operated pursuant to a
certificate of public convenience issued by the Pennsylvania Public Utilities Commission for
violation of Defendant’s regulations.
4.

Defendant The Philadelphia Parking Authority is PERMANENTLY ENJOINED from

conducting warrantless seizures of Plaintiffs’ non-medallion taxicabs that are operated pursuant to
a certificate of public convenience issued by the Pennsylvania Public Utilities Commission for

violation of Defendant’s regulations unless justified by a judicially recognized exception to the
warrant requirement.
5.

Plaintiffs’ damages against Defendant The Philadelphia Parking Authority shall be tried to

a jury. The Court will enter a separate scheduling Order.
BY THE COURT:

/s/ John R. Padova
__________________________________
John R. Padova, J.