Flagg Bros., Inc. v. Brooks
Encyclopedia
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.
in 1973, her possessions were stored in a warehouse owned by American
defendant/appellant corporation Flagg Bros., Inc. After several disputes between the parties regarding the price that Brooks was to pay for the moving and storage of her belongings, Flagg Bros. presented Brooks with notice that she needed to pay the amount owed within 10 days "or [her furniture would] be sold."
When letters from Brooks to the defendant did not produce any results, Brooks brought suit under 42 U.S.C. § 1983, seeking monetary damages, an injunction against the proposed sale, and a declaration by the judiciary that such a sale under New York Uniform Commercial Code § 7-210 would violate due process
.
William Rehnquist
authored the majority opinion for the Court, joined by Chief Justice
Warren Burger and Associate Justice
s Potter Stewart
, Harry Blackmun
, and Lewis Powell
. Rehnquist began by outlining the dual burden that rested on the plaintiffs in making a viable Fourteenth Amendment
claim. First, Rehnquist wrote, the plaintiffs must show that they have been deprived of a right guaranteed by the Constitution
. Second, they must show that Flagg Bros. denied them of that right while acting under the color of New York state law.
However, Rehnquist wrote, Brooks carried an additional burden because she was accusing Flagg Bros. of depriving her of property under the Fourteenth Amendment. The Fourteenth Amendment reads, in part, that "[no] State [shall] deprive any person of life, liberty, or property, without due process of law." (emphasis added) Thus, according to the Court's Fourteenth Amendment jurisprudence, Flagg Bros. taking of Brooks' property could only rise to the level of a federal constitutional violation if Flagg Bros. was a state actor, that is, performing a duty traditionally and exclusively performed by the state, and therefore attributable to the state.
Pointing out that Brooks had failed to name any governmental entity as a defendant, Rehnquist went on to argue that "very few" functions have been exclusively carried out by state governments. In American history, the settlement of disputes between debtors and creditors was not, in Rehnquist's view, a function performed exclusively by the state, as the parties typically retained other avenues of remedy.
To Brooks' contention that the state had directly authorized the re-sale of her possessions under the UCC, Rehnquist responded that the UCC merely embodied the state's decision not to involve itself in the debtor-lendor dispute. If the state had failed to pass any law related to the re-sale, there could be no contention that the state had acted in any way. Codification of the state's intent to not involve its courts in the re-sale of repossessed goods still equated to a refusal to act.
Thurgood Marshall
authored a short dissenting opinion, emphasizing what he perceived as the Court's "attitude of callous indifference to the realities of life for the poor." Marshall observed that, according to the record before the Court, Brooks' takehome pay was $87 per week, and thus she would be unable to pay for the surety
necessary, let alone the bill that she owed to the defendant. In Marshall's view, this meant that Brooks had no realistic remedy at state law. Further, Marshall argued that New York's
state traditions led to the conclusion that the execution of liens was a state function, typically performed by the sheriff. Marshall also joined Justice Stevens'
dissenting opinion.
John Paul Stevens, joined by Associate Justice
s Marshall and Byron White
, authored a dissent, arguing that the Court's decision was foreclosed by inconsistent prior caselaw including Sniadach v. Family Finance Corp. Stevens accused the Court of adopting an overly narrow definition of state action – arguing that under the Court's reasoning, a State could pass a law stating that it would authorize, for example, "any person of sufficient physical power" to seize and retain his neighbor's property.
Stevens noted the role of the state in defining and controlling the debtor-creditor relationship, seeing the state power in this case as the power to allow for a binding remedy against the wishes of one of the parties to the dispute.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1978) was a case decided by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
wherein the constitutionality of New York's
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
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
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. The Court held that the state-allowed re-sale provision did not constitute state action
State actor
In United States law, a state actor is a person who is acting on behalf of a governmental body, and is therefore subject to regulation under the United States Bill of Rights, including the First, Fifth and Fourteenth Amendments, which prohibit the federal and state governments from violating...
, and thus, the plaintiff did not possess a colorable federal due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
claim.
Background of the case
After the city evicted plaintiff/appellee Shirley Brooks from her home in Mount Vernon, N.Y.Mount Vernon, New York
Mount Vernon is a city in Westchester County, New York, United States. It lies on the border of the New York City borough of The Bronx.-Overview:...
in 1973, her possessions were stored in a warehouse owned by American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
defendant/appellant corporation Flagg Bros., Inc. After several disputes between the parties regarding the price that Brooks was to pay for the moving and storage of her belongings, Flagg Bros. presented Brooks with notice that she needed to pay the amount owed within 10 days "or [her furniture would] be sold."
When letters from Brooks to the defendant did not produce any results, Brooks brought suit under 42 U.S.C. § 1983, seeking monetary damages, an injunction against the proposed sale, and a declaration by the judiciary that such a sale under New York Uniform Commercial Code § 7-210 would violate due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
.
The Rehnquist majority opinion
Associate JusticeAssociate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
authored the majority opinion for the Court, joined by Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Warren Burger and Associate Justice
Associate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
s Potter Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
, Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
, and Lewis Powell
Lewis Franklin Powell, Jr.
Lewis Franklin Powell, Jr. was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. He was also widely well regarded by contemporaries due to his personal good manners and...
. Rehnquist began by outlining the dual burden that rested on the plaintiffs in making a viable Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
claim. First, Rehnquist wrote, the plaintiffs must show that they have been deprived of a right guaranteed by the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. Second, they must show that Flagg Bros. denied them of that right while acting under the color of New York state law.
However, Rehnquist wrote, Brooks carried an additional burden because she was accusing Flagg Bros. of depriving her of property under the Fourteenth Amendment. The Fourteenth Amendment reads, in part, that "[no] State [shall] deprive any person of life, liberty, or property, without due process of law." (emphasis added) Thus, according to the Court's Fourteenth Amendment jurisprudence, Flagg Bros. taking of Brooks' property could only rise to the level of a federal constitutional violation if Flagg Bros. was a state actor, that is, performing a duty traditionally and exclusively performed by the state, and therefore attributable to the state.
Pointing out that Brooks had failed to name any governmental entity as a defendant, Rehnquist went on to argue that "very few" functions have been exclusively carried out by state governments. In American history, the settlement of disputes between debtors and creditors was not, in Rehnquist's view, a function performed exclusively by the state, as the parties typically retained other avenues of remedy.
To Brooks' contention that the state had directly authorized the re-sale of her possessions under the UCC, Rehnquist responded that the UCC merely embodied the state's decision not to involve itself in the debtor-lendor dispute. If the state had failed to pass any law related to the re-sale, there could be no contention that the state had acted in any way. Codification of the state's intent to not involve its courts in the re-sale of repossessed goods still equated to a refusal to act.
The Marshall dissent
Associate JusticeAssociate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
authored a short dissenting opinion, emphasizing what he perceived as the Court's "attitude of callous indifference to the realities of life for the poor." Marshall observed that, according to the record before the Court, Brooks' takehome pay was $87 per week, and thus she would be unable to pay for the surety
Surety
A surety or guarantee, in finance, is a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults...
necessary, let alone the bill that she owed to the defendant. In Marshall's view, this meant that Brooks had no realistic remedy at state law. Further, Marshall argued that New York's
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
state traditions led to the conclusion that the execution of liens was a state function, typically performed by the sheriff. Marshall also joined Justice Stevens'
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
dissenting opinion.
The Stevens dissent
Associate JusticeAssociate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
John Paul Stevens, joined by Associate Justice
Associate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
s Marshall and Byron White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
, authored a dissent, arguing that the Court's decision was foreclosed by inconsistent prior caselaw including Sniadach v. Family Finance Corp. Stevens accused the Court of adopting an overly narrow definition of state action – arguing that under the Court's reasoning, a State could pass a law stating that it would authorize, for example, "any person of sufficient physical power" to seize and retain his neighbor's property.
Stevens noted the role of the state in defining and controlling the debtor-creditor relationship, seeing the state power in this case as the power to allow for a binding remedy against the wishes of one of the parties to the dispute.