Suspension of a taxi license is not a due process violation so long as a hearing is provided prior to license suspension.

The New Jersey Appellate Division affirmed the summary judgment dismissal of the plaintiff’s complaint for the alleged violation of his due process rights. The plaintiff, a taxi cab driver, was notified by the Newark Division of Taxicabs that his license was being suspended, pending a hearing. Following the hearing, the plaintiff’s license was suspended for six months. The plaintiff argued that he was deprived of a property interest in his taxi license without due process of law, in violation of 42 U.S.C.A. §1983. The court disagreed, finding that the plaintiff was provided an opportunity to hear the charges and evidence against him, present his testimony and argue his case during the hearing. Therefore, the plaintiff was not denied procedural due process.

Case Law Alerts, 4th Quarter 2013