Deprivation by "Private" Individuals | Brett Johnson | September 18, 2014

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Deprivation by "Private" Individuals

Original Creator: I. Glenn Cohen Current Version: Brett Johnson Show/Hide
  1. 1 Show/Hide More FRCP 64
    Federal Rules of Civil Procedure Rule 64: Seizing a Person or Property
  2. 2 Show/Hide More Fuentes v. Shevin
    Original Creator: I. Glenn Cohen Current Version: Brett Johnson
  3. 3 Show/Hide More Connecticut v. Doehr
    Original Creator: I. Glenn Cohen Current Version: Brett Johnson
  4. 4 Show/Hide More Shaumyan v. O'Neill [NOTE DIRECTIONS]
    Original Creator: I. Glenn Cohen Current Version: Brett Johnson

    [SKIM THIS – We won't spend a lot of time on it.]

    Did the statute in Doehr die after the Supreme Court decision? Not quite . . . .

    This case involved a fight between a homeowner and contractor hired to do repairs. When the homeowner was not happy with the quality of the work he would not pay. The contractor retaliated by getting an ex parte prejudgment attachment of the owner's home. While that state case was pending, the homeowner sued in FEDERAL court to block the application of the attachment statute as unconstitutional after Doehr.

    How did the Second Circuit court of appeals rule? Was this case distinguishable?

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September 18, 2014

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Brett Johnson

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