Alain Scofield v. City of Hillsborough William A. Key, Chief of Police Thomas Musser, a Police Officer

Appellant Alain Scofield appeals from a judgment entered against him after a bench trial on his suit brought under 42 U.S.C. § 1983 . Scofield contends he suffered a deprivation of due process when his unregistered automobile was towed without prior notice or pre-towing hearing, and when he was denied a post-towing hearing on the validity of the tów. The district court concluded he was not entitled to a pre-towing notice or a pre-towing hearing, and that he had not wrongfully been denied a post-towing hearing. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand to the district court for further proceedings.

I

FACTS

On April 21,1986, Scofield parked his car in a no-parking zone in the City of Hillsbor-ough. Sergeant Musser, who was on patrol in the area, discovered Scofield’s car in the no-parking zone. Sergeant Musser noticed the registration sticker on the car had expired. He radioed the Hillsborough Police Department (“HPD”) for more information on the vehicle. Through the HPD and the California Department of Motor Vehicles (“DMV”), Sergeant Musser learned the registration had expired in March 1985, and that Scofield had nine…