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Lugar v. Edmondson Oil Co., 457 U.S. 922 |
Supreme Court of the United States |
1982 |
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Chapter |
9 |
Title |
State Action, Baselines, and the Problem of Private Power |
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Page |
1555 |
Topic |
Pure Inaction and the Theory of Governmental Neutrality |
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Quick Notes |
Lugar leased a truckstop from Edmondson Oil Co. and fell behind on his rent payments. Edmondson issued a suit against him in a Virginia state court for failing to repay his debt. Edmondson sought prejudgment attachment of certain of the operator's property. A writ of attachment was executed by the county sheriff which effectively sequestered the debtor's property.
Lugar Argues o Edmondson has acted jointly with the state to deprive him of his property without due process of law.
Court - Due process applies to garnishment when State Officers are involved. o The Court has consistently held that constitutional requirements of due process apply to garnishment and prejudgment attachment procedures whenever officers of the State act jointly with a creditor in securing the property in dispute.
Rule - Joint Participation o The necessary state involve with a private party will be found where the private party and a state official have jointly participated in the activity being challenged.
Two-Part Test 1. First, the deprivation must be caused by the exercise of some right or privilege created a. by the State or b. by a rule of conduct imposed by the State or c. by a person for whom the State is responsible.
Fuentes o A state statute provided the right to garnish or to obtain prejudgment attachment, as well as the procedure by which the rights could be exercised.
2. Second, the party charged with the deprivation must be a person who may fairly be said to be a state actor. a. Because he is a state official, b. Because he has acted together with or has obtained significant aid from state officials, or c. Because his conduct is otherwise chargeable to the State.
Court - Holding o We have consistently held that a private party's joint participation with state officials in the seizure of disputed property is sufficient to characterize that party as a "state actor" for purposes of the Fourteenth Amendment |
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Book Name |
Constitutional Law : Stone, Seidman, Sunstein, Tushnet. ISBN: 978-0-7355-7719-0 |
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Issue |
o Whether a state official becomes a state actor when they participate in the seizure of property? Yes. |
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Procedure |
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Trial |
o The district court held that no claim for relief under § 1983 was stated because respondent was not a state actor.. |
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Appellant |
o The court of appeals affirmed on the ground that there was no allegation of conduct under color of state law |
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Supreme |
o The court granted certiorari and reversed and remanded. o Holding that petitioner presented a valid claim under § 1983 that challenged the constitutionality of the state attachment statute because respondent acted jointly with the state in securing petitioner's property. o The court held that because petitioner was deprived of his property through state action, respondent therefore acted under color of state law in participation of that deprivation |
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Facts/Cases |
Discussion |
Key Phrases |
Rules/Laws |
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Pl - Lugar Df - Edmondson
Description o Lugar leased a truckstop from Edmondson Oil Co. and fell behind on his rent payments. o Edmondson issued a suit against him in a Virginia state court for failing to repay his debt. o Ancillary to that action and pursuant to state law, the supplier sought prejudgment attachment of certain of the operator's property. o The prejudgment attachment procedure required only that the creditor allege, in an ex parte petition, a belief that the debtor was disposing of or might dispose of his property in order to defeat his creditors. State Actions o Acting upon the petition, a clerk of the state court issued a writ of attachment, which was then executed by the county sheriff which effectively sequestered the debtor's property, although it was left in his possession |
Justice White [5-4]
Lugar Argues o Edmondson has acted jointly with the state to deprive him of his property without due process of law.
Court - Due process applies to garnishment when State Officers are involved. o The Court has consistently held that constitutional requirements of due process apply to garnishment and prejudgment attachment procedures whenever officers of the State act jointly with a creditor in securing the property in dispute.
Two-Part Test 1. First, the deprivation must be caused by the exercise of some right or privilege created a. by the State or b. by a rule of conduct imposed by the State or c. by a person for whom the State is responsible.
Fuentes o A state statute provided the right to garnish or to obtain prejudgment attachment, as well as the procedure by which the rights could be exercised.
2. Second, the party charged with the deprivation must be a person who may fairly be said to be a state actor. a. Because he is a state official, b. Because he has acted together with or has obtained significant aid from state officials, or c. Because his conduct is otherwise chargeable to the State.
Court - Limits prevents constitutional litigation whenever state law governs interactions of a community. o Without a limit such as this, private parties could face constitutional litigation whenever they seek to rely on some state rule governing their interactions with the community surrounding them.
Court - Holding o We have consistently held that a private party's joint participation with state officials in the seizure of disputed property is sufficient to characterize that party as a "state actor" for purposes of the Fourteenth Amendment
Dissent - Justice Powell o It does not follow that respondents became a state actor simply because the sheriff was. |
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Rules |
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Rule - Joint Participation o The necessary state involve with a private party will be found where the private party and a state official have jointly participated in the activity being challenged.
Two-Part Test 1. First, the deprivation must be caused by the exercise of some right or privilege created a. by the State or b. by a rule of conduct imposed by the State or c. by a person for whom the State is responsible.
Fuentes o A state statute provided the right to garnish or to obtain prejudgment attachment, as well as the procedure by which the rights could be exercised.
2. Second, the party charged with the deprivation must be a person who may fairly be said to be a state actor. a. Because he is a state official, b. Because he has acted together with or has obtained significant aid from state officials, or c. Because his conduct is otherwise chargeable to the State. |
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Class Notes |
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