| Flagg Bros., Inc. v. Brooks | |
|---|---|
 | |
| Argued January 18, 1978 Decided May 15, 1978 | |
| Full case name | Flagg Bros., Inc., et al. v. Brooks, et al. |
| Citations | 436 U.S. 149 (more) 98 S. Ct. 1729; 56 L. Ed. 2d 185; 1978 U.S. LEXIS 90; 23 U.C.C. Rep. Serv. (Callaghan) 1105 |
| Case history | |
| Prior | Defendants' motion to dismiss granted, 404 F. Supp. 1059 (S.D.N.Y. 1975); reversed, 553 F. 2d 764 (2d Cir. 1977); certiorari granted 434 U.S. 817 (1977) |
| Holding | |
| Sale of plaintiff's possessions by defendant garage, as authorized by New York's version of the Uniform Commercial Code, did not constitute state action, and thus did not create a federal due process claim under the Fourteenth Amendment. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Rehnquist, joined by Burger, Stewart, Blackmun, Powell |
| Dissent | Marshall |
| Dissent | Stevens, joined by White, Marshall |
| Brennan took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. amend. XIV; New York Uniform Commercial Code § 7-210 | |
Flagg Bros., Inc. v. Brooks, 436 U.S. 149 (1978), was a case decided by the Supreme Court of the United States wherein the constitutionality of New York's Uniform Commercial Code provision, which allows a warehouse to enforce a lien upon repossessed goods by selling said goods, was challenged under the Fourteenth Amendment. The Court held that the state-allowed re-sale provision did not constitute state action, and thus, the plaintiff did not possess a colorable federal due process claim.