Friday, March 23, 2012

Fuentes v. Shevin case brief

Fuentes v. Shevin
  • case where pl didn’t pay monthly payments for appliance; company purchased from seized them
  • Rule: Even temporary, provisional remedies granted to a litigant are subject to due process constraints, such that no person's property can be confiscated without first awarding the possessor notice and an opportunity to be heard, even where the property may later be returned.
  • Supreme Court did point out that in a few limited situations it might allow seizure without opportunity for a hearing, provided three requirements were met. First, the seizure must be directly necessary to secure an important government or public interest. Second, there must be a "very special" need for the prompt action. Third, the person initiating the seizure must be a government official finding the seizure necessary under a narrowly drawn statute.

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