OFF THE WIRE
Don Lehman
poststar.com
The Queensbury business owner whose motorcycle seizure case generated statewide
media attention has filed a federal civil rights lawsuit against the state and
numerous representatives of the state Department of Motor Vehicles.
The lawsuit by Michael J. Willig seeks $2 million in damages for violations
of his rights to be "free from unreasonable searches and seizures" and due
process rights. He suffered "loss of liberty, fear, humiliation and emotional
distress."
The lawsuit stems from Willig's arrest on a felony charge in September 2009
after investigators from the state Department of Motor Vehicles inspected his
vintage Harley Davidson motorcycle at his Queensbury restaurant and concluded
its vehicle identification number was illegible and alleged it was intentionally
defaced. Willig said it had been worn down by exposure to the elements.
They seized the bike, setting off a protracted legal battle in Queensbury
Town Court that ended with calls to hold DMV in contempt of court.
Queensbury Town Justice Michael Muller ultimately dismissed the criminal
charge in the interest of justice and ordered the motorcycle returned.
But the DMV refused to return the bike, arguing it couldn't do so because it
didn't have a VIN. The DMV also sued Muller in state Supreme Court, a lawsuit
the agency lost.
Willig, owner of Adirondack Seafood, ultimately received the bike back more
than 14 months later.
The lawsuit names the commissioner of DMV, the DMV investigators who handled
the case - Anthony Rainville and William Corp - and the agency itself.
It alleges DMV investigators illegally came onto Willig's property to inspect
the motorcycle without a search warrant and without probable cause.
Days later, despite Willig's assertions he had proof the vehicle
identification number was accurate and not tampered with and direction to
investigators as to who they could call to verify the information, police
arrested him in his restaurant in front of customers.
Willig referred comment to his lawyer, but said his goal in the litigation
wasn't financial.
"I'm more concerned about accountability than compensation," Willig said.
His lawyer, Eric Schneider of Kingston, could not be reached for comment
Monday.
A call to the state Department of Motor Vehicles was not returned Monday.
