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SILVERMAN v. VILLEGAS

No. 49A02-0708-CV-754.

894 N.E.2d 249 (2008)

Joel SILVERMAN, in his official capacity as Commissioner of the Indiana Bureau of Motor Vehicles, Appellant-Plaintiff, v. Miguel VILLEGAS, Betty Doe, Mary Smith, on their own behalf and on behalf of a class of those similarly situated, Appellees-Defendants.

Court of Appeals of Indiana.

September 30, 2008.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Kenneth J. Falk, ACLU of Indiana, Richard Shevitz, Scott Gilchrist, Cohen & Malad LLP, Indianapolis, IN, Attorneys for Appellees.

OPINION

ROBB, Judge.

Case Summary and Issue

Three illegal aliens instituted a class action against the Commissioner of the Indiana Bureau of Motor Vehicles ("BMV") claiming they were unable to obtain State of Indiana driver's licenses and/or identification cards because of identification requirements implemented by the BMV on July 15, 2002. In a prior appeal, this court held that the identification requirements constituted an administrative...

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