Judge to allow lawsuit over car seizure

Plaintiff’s attorney says city’s forfeiture program should end

A U.S. District Court judge has ruled that a lawsuit brought by a woman who had her car seized by the city of Albuquerque after her son was arrested for driving it while intoxicated can move forward.

U.S. District Judge Robert Browning recently granted in part and turned down other aspects of a city motion that could have brought the case to an end. Both sides are now waiting for Browning to rule on the plaintiff’s motion for summary judgment, said Robert Frommer, an attorney for the plaintiff, Arlene Harjo.

“We’re confident he’ll see both the facts and the law confirm that this forfeiture program should be put to an end,” Frommer said.

Harjo brought a lawsuit against the city in August 2016, arguing that city should be forced to end the program on grounds that it is unconstitutional.

Harjo’s car was seized in 2014 after her adult son, Tino Harjo, took her car after getting permission to take it to the

gym. He instead drove to Clovis and was arrested on suspicion of drunken driving on his way back to Albuquerque.

Thousands of people have had their cars seized by the city after a second or subsequent drunken driving arrest under the forfeiture program.

Arlene Harjo has never had a DWI, but she and others like her have faced administrative fines and fees in order to get their vehicles back after drivers other than the owner were arrested for repeat drunken driving or driving on a revoked license.

The lawsuit made several claims against the city, including that the city has an incentive to seize cars, in part because people, equipment and space used by the program are funded with seizure revenues.

The city of Albuquerque budgets for how much money the city will make from seizures and how many vehicles they expect to seize every year.

Gilbert Gallegos, a police spokesman, said police officials need time to review the ruling before commenting.

Frommer said it doesn’t appear that the city’s position about the seizures has changed with the switch in mayoral administrations.

“The city’s messaging has been clear; they think they can run this program and it doesn’t matter that the (city attorneys) have untoward financial incentives,” he said.