William Gary v. Henry Darnell, T/d/b/a Hank Darnell Motors
Court of Appeals for the Sixth Circuit
1Opinion of the Court
McCREE, Circuit Judge.
This appeal presents the question whether the repossession of an automobile pursuant to Kentucky’s self-help repossession statute, 1 § 9-503 of the Uniform Commercial Code, constitutes action under color of state law within the meaning of 42 U.S.C. § 1983. 2 We follow this court’s decision in Turner v. Impala Motors, 503 F.2d 607, decided September 20, 1974, and hold that the act of repossession pursuant to § 9-503 was not made under color of state law.
On July 25, 1972, appellant entered into a consumer credit transaction with appellee for the purchase of an automobile.…
2Cases cited7 opinions
- Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
- Moose Lodge No. 107 v. IrvisSupreme Court of the United States · 1972
- Reitman v. MulkeySupreme Court of the United States · 1967
- Adams v. Southern California First National BankCourt of Appeals for the Ninth Circuit · 1973
- Willie B. Turner v. Impala MotorsCourt of Appeals for the Sixth Circuit · 1974
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3Cited by14 opinions
- United States v. Ronald James ColemanCourt of Appeals for the Sixth Circuit · 1980
- Richard W. Bosse v. Crowell Collier and MacMillanCourt of Appeals for the Ninth Circuit · 1977
- Brenda Joyce Northrip v. Federal National Mortgage AssociationCourt of Appeals for the Sixth Circuit · 1975
- Ford Motor Credit Co. v. RyanOhio Court of Appeals · 2010
- Penney v. First National Bank of BostonMassachusetts Supreme Judicial Court · 1982
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