Civil Procedure Keyed to Friedenthal
Connecticut v. Doehr
DiGiovanni applied for attachment of property owned by Respondent Doehr in connection with a complaint DiGiovanni instituted against Respondent alleging assault and battery. A Connecticut statute allowed for such attachment prior to a hearing so long as there was probable cause for the basis of attachment. In addition, the statute provided that the property owner be notified, that he had a right to a hearing, and that the probable cause decision was subject to judicial review. Respondent filed a petition in federal court claiming that the Connecticut statute violated the due process clause of the 14th amendment. The District Court upheld the statute. On appeal, the Second Circuit reversed. Connecticut appealed from that ruling.
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