FERRARI v. COUNTY OF SUFFOLK

No. 15-975-cv. August Term 2015.

845 F.3d 46 (2016)

James B. FERRARI, Plaintiff-Appellee, v. COUNTY OF SUFFOLK, Defendant-Appellant, Christine Malafi, John Doe, 1-10, Individually, Defendants.

United States Court of Appeals, Second Circuit.

Decided: December 27, 2016.

Amended: January 4, 2017.


Attorney(s) appearing for the Case

ANDREW J. CAMPANELLI , Campanelli & Associates, P.C., Merrick, New York, for Plaintiff-Appellee.

L. ADRIANA LOPEZ , Assistant Suffolk County Attorney ( Christopher M. Gatto , Assistant Suffolk County Attorney, on the brief), for Dennis M. Brown , Suffolk County Attorney, Hauppauge, New York, for Defendant-Appellant.

Before: Leval, Livingston, and Carney, Circuit Judges.


On May 26, 2009, James Ferrari, drunk, and high on prescription medication, was arrested for speeding wildly down a road in Suffolk County at over 100 miles per hour — driving a 2003 Ferrari Coupe. Shortly after the arrest, the County impounded the Ferrari pursuant to Suffolk County's "DWI Seizure Law...

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