Judge denies motion to dismiss civil rights suit filed against police in Pa. city

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A Williamsport woman sued after police kept her car more than two months.

WILLIAMSPORT – The Constitution permits police officers to seize an individual’s personal property with a warrant but it does not allow them to retain it indefinitely after the warrant expires.

Kelly filed claims under the Fourth and Fifth Amendments and Brann found the latter was the correct one. He dismissed her Fourth Amendment claims. After getting no response, she called the mayor’s office and was promised someone would call her back. The deadline passed and the car was not returned so on May 13 a motion for return of property was filed.Besides concluding Kelly has a valid claim, Brann found Snyder and Bell had personal involvement in the alleged constitutional violations and would remain defendants.

 

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