Legal Opinion · Dissent
Pinsky v. Duncan
Court of Appeals for the Second Circuit
Decided March 9, 1990No. 201, Docket No. 89-7521Published
1Dissent
JON 0. NEWMAN, Circuit Judge
(dissenting):
Because I do not believe that the Connecticut prejudgment remedy for attaching real property is unconstitutional, I respectfully dissent.
Connecticut permits any person starting a lawsuit to file on the land records an attachment of the real property of the defendant. Conn.Gen.Stat. § 52-278e(a)(l). This prejudgment remedy assures the *862plaintiff a source of funds in the event the lawsuit is successful. To obtain this attachment the plaintiff must present sworn evidence sufficient to persuade a state court judge at an ex parte hearing that probable cause…
2Cases cited18 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Hicks v. MirandaSupreme Court of the United States · 1975
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
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