Wyatt v. Cole

In Lugar v. Edmondson Oil Co., 467 U. S. 922 (1982), we left open the question whether private defendants charged with 42 U. S. C. § 1988 liability for invoking state replevin, garnishment, and attachment statutes later declared unconstitutional are entitled to qualified immunity from suit. 457 U. S., at 942, n. 23. We now hold that they are not.

I

This dispute arises out of a soured cattle partnership. In July 1986, respondent Bill Cole sought to dissolve his partnership with petitioner Howard Wyatt. When no agreement could be reached, Cole, with the assistance of an *160attorney, respondent John…