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Recent Cases, Richard T. Hurt, Jay D. Christiansen, William J. Rees, William D. Gutermuth
Recent Cases, Richard T. Hurt, Jay D. Christiansen, William J. Rees, William D. Gutermuth
Vanderbilt Law Review
Constitutional Law--Action Under Color of State Law--Legislative Authorization of Private Action Resembling Public Function Constitutes Action Under Color of State Law
The instant case creates a two to two split in the circuits on the question whether the seizure of a tenant's possessions under a land-lord lien statute is action under color of state law. The decisions in Davis and Anastasia provide the potential for abuse that Fuentes was designed to prevent-the indiscriminate entry into the debtor's home and seizure of his belongings without prior notice and hearing.Hall and the instant opinion, however, provide a more equitable result. While the …