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Connecticut v. Doehr - Connecticut v Doehr 501 U.S 1(1991...

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Connecticut v. Doehr 501 U.S. 1 (1991) Fact: Operative Facts: DiGiovanni attached a home to his claim against Doehr. DiGiovanni attached it to a civil suit, which he was claiming assault and battery charges, and didn’t post a bond either. This was because of Connecticut laws. There were the expressed options given to DiGiovanni, 1) claim that no probable cause existed to sustain the claim 2) Request the attachment be vacated, modified, or that a bond be substituted. 3) Claim that some portion of the property was exempt from execution. He instead filed suit stating that it was unconstitutional. Issue: Whether the attachment without notice violated the Due process clause of the 5 th and 14 th amendment. Rule: Rational: 3 fold analysis. (Because this is citizen to citizen, not government to citizen) 1) Consideration of the private interest that will be affected by the prejudgement measure a. Things such as risking default in mortgages, affects on credit, reduces the ability
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  • Fall '11
  • Daucher
  • Law, Fourteenth Amendment to the United States Constitution, Chief Justice of the United States, Associate Justice of the Supreme Court of the United States, Chief Justice Rehnquist, current Connecticut statue

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