Constitutional Law Keyed to Cohen
Flagg Brothers, Inc. v. Brooks
Facts
On June 13, 1973 Respondent and her family were evicted from their apartment in Mount Vernon, New York. The City Marshal arranged for Brook’ possessions to be stored by Petitioner in their warehouse. Respondent was informed about the cost of moving and storage, and found this price to be too high. On August 25, 1973, after a series of disputes over the charges, Respondent received a letter from Petitioner demanding she bring her account up to date in ten days or her furniture will be sold. Respondent then initiated this class action under 42 U.S.C. Section: 1983 seeking damages; an injunction against the sale of her belongings and a declaration that such a sale violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The District Court dismissed the complaint, while the Court of Appeals reversed.
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