CHEEK v. WASHINGTON

Civ. A. No. 583-70.

311 F.Supp. 965 (1970)

Johnny F. CHEEK, individually and on behalf of all others similarly situated, Plaintiffs, v. Walter E. WASHINGTON, individually and as Commissioner of the District of Columbia, and Joseph P. Murphy, individually and as Director of the Department of Safety Responsibility of the Department of Motor Vehicles of the District of Columbia, and W. D. Heath, individually and as Director of the Department of Motor Vehicles of the District of Columbia, Defendants.

United States District Court, District of Columbia.

April 24, 1970.


Attorney(s) appearing for the Case

Roger C. Wolf, Washington, D. C., for plaintiffs.

Charles T. Duncan, Corp. Counsel, John A. Earnest, Frederic Lee Ruck, Asst. Corp. Counsel, D. C., Washington, D. C., for defendants.


MEMORANDUM—ORDER

JOHN LEWIS SMITH, Jr., District Judge.

In this class suit plaintiffs seek declaratory and injunctive relief to hold that 40 D.C.Code § 437 (1967 ed.) is unconstitutional in that it is violative of the Fifth Amendment. Specifically, plaintiffs complain that § 437 does not comport with due process in that, without provision for a prior hearing to determine culpability, it requires suspension of drivers' licenses and...

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