Tucker v. Maher
Tucker v. Maher
Opinion of the Court
This is an appeal from order of the United States District Court for the District of Connecticut, M. Joseph Blumenfeld, Judge, dismissing a complaint brought pursuant to 42 U.S.C. § 1983 seeking a declaratory judgment that Connecticut’s prejudgment attachment statutes, specifically Connecticut General Statutes §§ 52-279, 52-280 and 52-285 are unconstitutional.
The claims arise out of certain real property owned by plaintiff-appellant in Hartford, Connecticut. The attachment was effected on behalf of L & M Electric Company, Inc. in connection with a contract action brought in the state courts seeking to recover payment for certain electrical work performed at the attached premises. In that action the electric company sought to recover $3,000 and the attachment is for this amount.
The court below did not find it necessary to reach the merits of appellant’s claim since it was of the view that the court lacked subject matter jurisdiction either under 28 U.S.C. § 1331 (requiring an amount in controversy in excess of $10,000) or 28 U.S.C. § 1343. This disposition was clearly correct.
Hague v. C. I. O., 307 U.S. 496, 59 S.Ct. 954, 83 L.Ed. 1423 (1939) stands for the proposition that jurisdiction under section 1343 does not lie unless the rights
Reference
- Full Case Name
- Stanley V. TUCKER v. Joseph D. MAHER, Lawrence J. Levesque, L & M Electric Co., Inc., William Kotchen, Commissioner of the Superior Court of the State of Connecticut, and Anthony DeLaura, Deputy to the Sheriff of Hartford
- Cited By
- 4 cases
- Status
- Published