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 Flagg Brothers, Inc. v. Brooks, 436 U. S. 149 (1978), and Lugar, 457 U. S. 922, illustrate the relevance of whether action was taken in concert with a state actor. The issue in Flagg Brothers was whether a warehouseman could be sued under § 1983 because it sought to execute a lien by selling goods in its possession pursuant to § 7-210 of the New York Uniform Commercial Code. While the sale was authorized by a state statute, and hence appeared to be threatened under color of state law, the Court did not reach that issue. Instead, it concluded that the warehouseman's decision to threaten to sell the goods was not 'properly attributable to the State of New York,' 436 U.S. at 436 U. S. 156, since no state actor was involved. Since the respondent in Flagg Brothers claimed that the warehouseman violated her Fourteenth Amendment rights to due process and equal protection, and the Fourteenth Amendment is only offended by action of the state, the court held that no claim for relief had been stated.


In Lugar, a lessee obtained an ex parte writ of attachment pursuant to a state ...

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