Cochran v. Ill. State Toll Highway Authority

Dist. Ct. did not err in granting defendant-Highway Authority’s motion to dismiss plaintiff’s putative class action under section 1983 alleging that defendant’s imposition of fines for plaintiff’s failure to pay toll on defendant’s toll-way violated plaintiff’s due process and equal protection rights. Plaintiff-Ohio resident failed to pay tolls on three occasions during same trip by going through transponder-dedicated lanes without having transponder, and defendant otherwise provided plaintiff with sufficient due process by providing plaintiff with written notice of toll violations that conveyed right to hearing and also offered plaintiff 7-day grace period during which plaintiff could pay missed tolls without incurring $20 per violation fine. Plaintiff’s complaint that toll-way signage was confusing and did not give sufficient notice of how toll system worked did not rise to level of constitutional violation, since instant procedures were set forth in either statutes or regulations, and onus was on plaintiff to inform himself of said statutes/regulations. Ct. rejected plaintiff’s claim that instant hearing would not have given him meaningful opportunity to be heard since he could not have presented defense that he was unaware of any violation at time it was committed, since: (1) due process does not entitle plaintiff to hearing at which he would succeed; and (2) defendant could have presented other defenses to instant violations.