For Your Data Flagg Bros., Inc. V. Brooks Illustration Brief
December 10, 2019
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Flagg Bros., Inc. v. Brooks instance brief summary
436 U.S. 149 (1978)
CASE FACTS
Plaintiff was evicted from her apartment, together with her possessions were stored yesteryear accused inwards its warehouse. After a serial of disputes over the validity of charges claimed yesteryear defendant, plaintiff received a alphabetic lineament demanding that her trouble organisation human relationship survive brought upward to appointment or her slice of furniture would survive sold pursuant to the nation commercial code. Plaintiff together with then filed accommodate against defendant, seeking an injunction against the threatened sale of her holding together with the proclamation that such a sale would violate the Due Process together with Equal Protection Clauses of the Fourteenth Amendment. An lodge dismissing the complaint for failure to nation a claim was reversed yesteryear the courtroom of appeals.
DISCUSSION
CONCLUSION
The determination finding sufficient nation interest amongst the proposed sale of plaintiff's possessions to invoke the provisions of the Due Process Clause of the Fourteenth Amendment was reversed. The threatened sale of plaintiff's possessions, pursuant to nation commercial code, did non constitute a violation of plaintiff's Fourteenth Amendment rights either yesteryear accused warehouse or the state.
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436 U.S. 149 (1978)
CASE SYNOPSIS
Defendant warehouseman sought review of a determination of the U.S.A. of America Court of Appeals for the Second Circuit, which found sufficient nation interest amongst the proposed sale of plaintiff's possessions to invoke the provisions of the Due Process Clause of the Fourteenth Amendment.CASE FACTS
Plaintiff was evicted from her apartment, together with her possessions were stored yesteryear accused inwards its warehouse. After a serial of disputes over the validity of charges claimed yesteryear defendant, plaintiff received a alphabetic lineament demanding that her trouble organisation human relationship survive brought upward to appointment or her slice of furniture would survive sold pursuant to the nation commercial code. Plaintiff together with then filed accommodate against defendant, seeking an injunction against the threatened sale of her holding together with the proclamation that such a sale would violate the Due Process together with Equal Protection Clauses of the Fourteenth Amendment. An lodge dismissing the complaint for failure to nation a claim was reversed yesteryear the courtroom of appeals.
DISCUSSION
- The Court reversed, holding that plaintiff failed to allege facts that constituted a deprivation of whatever correct secured yesteryear the Constitution together with laws of the United States.
- The nation did non compel the sale of plaintiff's possessions but simply announced the circumstances nether which its courts would non interfere amongst a mortal sale.
- Thus, the allegations of plaintiff's complaint did non constitute a violation of her Fourteenth Amendment rights either yesteryear accused or the state.
CONCLUSION
The determination finding sufficient nation interest amongst the proposed sale of plaintiff's possessions to invoke the provisions of the Due Process Clause of the Fourteenth Amendment was reversed. The threatened sale of plaintiff's possessions, pursuant to nation commercial code, did non constitute a violation of plaintiff's Fourteenth Amendment rights either yesteryear accused warehouse or the state.
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.