Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 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 ...

Register or login to access full content



Professors
Professionals
Students