TAYLOR v. CITY OF SAGINAW, MICHIGAN

Nos. 20-1538/1588.

11 F.4th 483 (2021)

Alison Patricia TAYLOR, Plaintiff-Appellant/Cross-Appellee, v. CITY OF SAGINAW, MICHIGAN; Tabitha Hoskins, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2021.


Attorney(s) appearing for the Case

ARGUED: Philip L. Ellison , OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, for Appellant/Cross-Appellee. Kailen C. Piper , O'NEILL, WALLACE & DOYLE P.C., Saginaw, Michigan, for Appellee/Cross-Appellant. ON BRIEF: Philip L. Ellison, OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, Matthew E. Gronda , St. Charles, Michigan, for Appellant/Cross-Appellee. Kailen C. Piper , O'NEILL, WALLACE & DOYLE P.C., Saginaw, Michigan, for Appellee/Cross-Appellant. Daniel T. Woislaw , PACIFIC LEGAL FOUNDATION, Sacramento, California, for Amicus Curiae.

Before: GRIFFIN, LARSEN, and NALBANDIAN, Circuit Judges.


OPINION

The City of Saginaw routinely chalked car tires to enforce its parking regulations. In our prior opinion, we held that doing so is a search for Fourth Amendment purposes, and that "based on the pleadings stage of this litigation, ... two exceptions to the warrant requirement—the `community caretaking...

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