Angela Hyman of Western Pennsylvania sued Pennsylvania State Police Corporal Devlin, as well as the lender and repo man for breach of the peace ihn repossession of her car. The lender and repo man paid settlements for violation of her rights under the U.S. Constitution, specifically her Fourth and Fourteenth Amendment rights to due process and to be free from unreasonable seizures of property. In general, police may not help a repo agent to repossess a person's vehicle without a court order or due process of law. In their unanimous verdict, the jury found that Trooper Devlin willfully violated Ms. Hyman's civil rights, warranting an award of punitive damages of $500,000. (The district court remitted a portion of the verdict and the case is now on appeal to the United States Court of Appeals.)
"This verdict by this jury in Johnstown, Pennsylvania, can have an impact on consumers and individuals across the country. The repo-man will take note that he can't get the police to help him . And the police will take note that they have to stand back and not involve themselves in private disputes between the consumer and the bank," states Ms. Hyman's attorney, Andy Milz.
News stories about this case have caught the attention of consumers and the legal community across the country.
KYW News Radio, CBS8-KFMB, San Diego, CA, The Legal Intelligencer, The Tribune Democrat, and others.
Click to learn more about a consumer's rights when a vehicle is repossessed: Repossession
We at Flitter Milz, P.C., hope that you and your loved ones remain healthy and safe throughout this difficult time. We want you to know that our firm is open to serve your legal needs. Our staff is available by phone, email, or video conference. Please feel free to call with any questions or specific concerns.
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Cary Flitter & Andy Milz
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