Supreme Court of the United States

Mitchell v. W. T. Grant Co.

May 13, 1974416 U.S. 600

Summary

The Court held that Louisiana's ex parte sequestration procedure did not violate procedural due process because it required specific sworn facts, judicial authorization, creditor security, and an immediate post-seizure hearing with damages available for wrongful seizure. The procedure appropriately accommodated the buyer's possessory interest and the seller's secured interest in preventing deterioration or alienation of the goods. Justice Powell, concurring, agreed with the result but viewed the decision as significantly overruling the broader prior rule requiring a predeprivation adversary hearing.

Holding

  • Whether the ex parte sequestration violated procedural due process.. The seizure did not violate the Fourteenth Amendment because due process did not require a prior adversary hearing where the seller had a present secured interest, the seizure was judicially authorized on specific sworn facts, and prompt post-seizure review was available.
  • Whether the Louisiana procedure was constitutionally invalid because seizure occurred before notice and a hearing.. The Constitution does not invariably require notice and a hearing before every temporary deprivation of property; a prompt and adequate post-seizure hearing may satisfy due process when the procedure substantially minimizes the risk of error and protects the parties' competing interests.

Docket 72-6160

Cited authorities

  • 30 Tul. L. Rev. 201
  • 4 Tul. L. Rev. 239
  • 38 Tul. L. Rev. 1
  • Wis. Stat. Ann. §§ 421.101-427.105
  • 47 S. Cal. L. Rev. 1
  • 62 Geo. L.J. 273
  • 59 Va. L. Rev. 335

Cited by

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