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AGOMO v. FENTY

No. 03-CV-813.

916 A.2d 181 (2007)

Emelike U. AGOMO, et al., Appellants, v. Adrian FENTY, Mayor, District of Columbia, Appellee.

District of Columbia Court of Appeals.

Decided February 1, 2007.

Attorney(s) appearing for the Case

Thomas Ruffin, Jr., Washington, DC, with whom Horace L. Bradshaw, Jr., was on the brief, for appellants.

Stephen C. Rogers, Volunteer Attorney, with whom Robert J. Spagnoletti, Attorney General for the District of Columbia at the time the brief was filed, and Edward E. Schwab, Deputy Attorney General, were on the brief, for appellee.

Before FARRELL and GLICKMAN, Associate Judges, and NEBEKER, Senior Judge.

NEBEKER, Senior Judge:

Appellants Emelike U. Agomo and Auto Ward, Inc. filed a complaint against the District of Columbia under 42 U.S.C. § 1983, alleging that the Automated Traffic Enforcement System ("ATE System") established by D.C.Code § 50-2209.01 (2001) et seq. violates the guarantees of due process under the Fifth Amendment of the Constitution. In essence, the ATE System detects moving violations under the District's traffic laws through the...

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