William A. Goichman, on Behalf of Himself and a Class of All Persons Similarly Situated v. Rheuban Motors, Inc.

Goichman brought this action for monetary and injunctive relief against Rheuban Motors, Inc. (Rheuban), a private towing company, pursuant to 42 U.S.C. § 1983 . Goichman alleged that Rheuban’s detention of his automobile was not authorized by statute and, even if authorized, constituted a deprivation of property without due process of law. The district court dismissed the action with prejudice, holding that the complaint failed to state a claim for relief. Goichman appeals and we affirm.

I

The facts are not in dispute. Acting at the direction of a Los Angeles law enforcement officer, Rheuban took possession of the Goichman vehicle on February 6, 1980, and towed it to a storage garage. Later that day, Goichman went to the garage and demanded return of the vehicle. Rheuban conditioned return of the automobile on payment of $32.00 in towing charges and $4.50 in storage charges. Goichman paid the charges, and Rheuban released the vehicle. Goichman does not allege that his vehicle was legally parked or that he was without notice that the vehicle was subject to removal.

We must decide three legal questions: first, whether the actions of the towing company, a private entity, were…