Pinsky v. Duncan

I agree with Judge Pratt that Conn.Gen. Stat. § 52-278e(a)(l) (West Supp.1989) is unconstitutional under the fourteenth amendment because, in providing for attachment of real property in civil actions without any pre-attachment hearing, it authorizes deprivations of property without due process of law. I reach this conclusion, however, only because this provision allows attachments of real property whenever a plaintiff makes a sworn showing to a judge “that there is probable cause to sustain the validity of the plaintiff’s claim,” without any further requirement of exceptional or…