Connecticut v. Doehr

501 U.S. 1, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991)

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Connecticut v. Doehr

United States Supreme Court
501 U.S. 1, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991)

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Facts

Connecticut law permits a plaintiff in a civil suit to obtain a pre-judgment attachment of a defendant’s property without a pre-attachment hearing or the filing of a bond. The statute does not require a defendant be informed that the application for attachment has been filed until it has been granted. In 1988, Brian K. Doehr (defendant) was sued for assault and battery. Concurrent with the filing of the complaint John F. DiGiovanni (plaintiff), filed an application for a pre-judgment attachment of Doehr’s house in the amount of $75,000. The attachment was granted. When Doehr was informed of the attachment, he filed suit in the United States District Court for the District of Connecticut challenging the statute on Due Process grounds. The district court upheld the statute. Doehr appealed and the state of Connecticut intervened in the litigation. The United States Court of Appeals for the Second Circuit reversed the district court.

Rule of Law

Issue

Holding and Reasoning (White, J.)

Concurrence (Rehnquist, C.J.)

Concurrence (Scalia, J.)

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