Norman Lee Gunn v. Kipp Stearns

Summary

The United States District Court for the District of South Dakota denied Kipp Stearns’s motion to dismiss Norman Lee Gunn’s remaining due process claims. The claims concern alleged lack of notice before Gunn’s vehicle was impounded and the alleged retention of the vehicle for 111 days after criminal charges were dismissed. The court held that, at the motion-to-dismiss stage, it was required to accept Gunn’s allegations as true and ordered Stearns to answer.

Holdings

1. The complaint plausibly stated Fourteenth Amendment due-process claims because Gunn alleged deprivation of a protected property interest without adequate notice or an opportunity to challenge the seizure and alleged Stearns's involvement in retaining the vehicle for 111 days.
2. The court could not rely on Stearns's assertion that Gunn was told to pay the towing bill and provide proof of registration because those facts were not contained in the complaint.

Questions Presented

1. Whether Gunn's surviving Fourteenth Amendment due-process claims concerning the lack of notice and opportunity to challenge the impoundment and the allegedly prolonged retention of his vehicle stated a plausible claim under Rule 12(b)(6).
2. Whether the court could consider factual assertions in Stearns's motion that were not contained in the complaint.

Disposition

other