Document Type

Article

Publication Date

3-3-1993

Abstract

Plaintiffs-appellants Sebastian and Maria Shaumyan ("the Shaumyans") brought this 42 U.S.C. § 1983 action as a class action on behalf of themselves and others against defendant-appellee Sidetex Company, Inc. ("Sidetex") and its attorney, defendant-appellee Steven Rolnick.[1] In their complaint, the Shaumyans alleged that the defendants deprived them of their property rights without due process by attaching their home pursuant to Connecticut's prejudgment attachment statute, Conn.Gen.Stat. § 52-278e(a)(1) (1991). Section 52-278e(a)(1) permits a plaintiff to attach a defendant's real property in the absence of a predeprivation hearing and without requiring that the plaintiff post a security bond. The district court granted the defendants' motion for summary judgment and dismissed the Shaumyans' complaint. See Shaumyan v. O'Neill, 716 F.Supp. 65 (D.Conn.1989) ("Shaumyan I"). In a subsequent opinion, the district court reconsidered its prior decision in light of the Supreme Court's decision in Connecticut v. Doehr, ___ U.S. ___, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991), and reaffirmed its earlier holding that Connecticut's statute was constitutional as applied to the case before it. See Shaumyan v. O'Neill, 795 F.Supp. 528 (D.Conn.1992) ("Shaumyan II"). For the reasons set forth below, we affirm the district court's finding that section 52-278e(a)(1) is constitutional as applied to this debtor-creditor dispute.

Comments

987 F.2d 122 (1993)

Sebastian SHAUMYAN and Maria Shaumyan, Plaintiffs-Appellants,

v.

Shawn Mark O'NEILL, New Haven Firefighters Credit Union, Defendants, Sidetex Co., Inc. and Steven Rolnick, Defendants-Appellees.

No. 352, Docket 92-7656. United States Court of Appeals, Second Circuit.

Argued October 22, 1992.

Decided March 3, 1993.

New York Law School location: File #1583, Box #130

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