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Civil Procedure Keyed to Field
Connecticut v. Doehr
Citation:
501 U.S. 1, 111 S.Ct. 2105Facts
John F. DiGiovanni (Defendant) submitted an application for an attachment of $75,000 on Brian K. Doehr’s (Plaintiff) home, in conjunction with bringing a civil action against Doehr for assault and battery. The lawsuit did not involve Doehr’s property. A Connecticut statute permitted attachment of real estate prior to winning a judgment against the individual whose property is subject to attachment, without affording prior notice or the opportunity for a hearing to that individual. The Connecticut Superior Court found probable cause based on DiGiovanni’s five-sentence affidavit and ordered the attachment on Doehr’s home, which Doehr learned about when the sheriff attached the property four days later. Doehr filed suit against DiGiovanni in federal district court, claiming that the Connecticut statute allowing for prejudgment attachment without prior notice was unconstitutional under the Due Process Clause of the Fourteenth Amendment.
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