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MENDOZA v. STRICKLER

No. 19-35506.

51 F.4th 346 (2022)

Cindy MENDOZA; Gloria Bermudez; Rebecca Heath; Karl Wade Roberts; Cekais Toni Ganuelas; Lori Spano, Plaintiffs-Appellants, v. Kris STRICKLER, in his official capacity as Director of the Oregon Department of Transportation; Amy Joyce, in her official capacity as Administrator of the Driver and Motor Vehicle Services Division, Oregon Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 12, 2022.

Attorney(s) appearing for the Case

Kelsey M. Heilman (argued) and Emily Teplin Fox (argued), Oregon Law Center, Portland, Oregon, for Plaintiffs-Appellants.

Peenesh H. Shah (argued), Assistant Attorney General; Denise G. Fjordbeck , Staff Attorney; Beth Andrews , Assistant Attorney General; Benjamin Gutman , Solicitor General; Ellen F. Rosenbaum , Attorney General; Office of the Attorney General of Oregon, Salem, Oregon; for Defendants-Appellees.

Lisa Foster , Fines and Fees Justice Center, New York, New York, for Amicus Curiae Fees Justice Center.

William R. Maurer , Institute for Justice, Seattle, Washington, for Amicus Curiae Institute for Justice.

Nicole S. Thompson and Sonja Good Stefani ; Aliza B. Kaplan , Certified Law Student; Lewis & Clark Law School, Portland, Oregon, for Amici Curiae Metropolitan Public Defender Services Inc and Lewis & Clark Law School's Criminal Justice Reform Clinic.

Claudia Wilner and Edward P. Krugman , National Center for Law and Economic Justice, New York, New York; Tara Mikkilineni , Civil Rights Corps, Washington, D.C.; for Amici Curiae Members of the Free to Drive Coalition.

Dissent by Judge Berzon

OPINION

Plaintiffs appeal the district court's dismissal of their claims challenging the constitutionality of Oregon's since-repealed system of suspending, without an inquiry into ability to pay, the driver's licenses of persons who fail to pay the fines imposed on them in connection with traffic violations. The...

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