Supreme Court of the United States

Lugar v. Edmondson Oil Co., Inc.

June 25, 1982457 U.S. 922

Summary

The Court held that a private creditor's participation with state officials in a prejudgment attachment procedure can constitute state action and action under color of state law for purposes of 42 U.S.C. § 1983. The complaint therefore stated a viable § 1983 claim insofar as it challenged the Virginia attachment procedure as constitutionally defective, but not insofar as it alleged only the creditor's improper or malicious use of that procedure. The judgment was reversed in part, affirmed in part, and remanded.

Holding

  • State action and action under color of state law in prejudgment attachment. When a State has created a system under which state officials attach property on the ex parte application of a private party, the private party's joint participation with those officials in the seizure is sufficient to constitute state action and action under color of state law for purposes of § 1983.
  • Validity of the claims based on the statute and its misuse. The complaint stated a valid § 1983 cause of action insofar as it challenged the Virginia attachment statute as procedurally defective under the Fourteenth Amendment, but it did not state a § 1983 claim insofar as it alleged only that the defendants maliciously or unlawfully misused an otherwise state-created procedure.

Docket 80-1730

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