Van Blaricom v. Kronenberg

This case raises the issue of whether an attorney who uses RCW 6.25.070(2) to obtain a prejudgment writ of attachment on real property without prior notice or hearing and in the absence of exigent circumstances may be liable under 42 U.S.C. § 1983. We hold there may be such liability.

Attorney Donald Kronenberg represented Theresa Obermiller in a lawsuit against Donald Van Blaricom alleging he had assaulted her when she was a teenager.1 Shortly after he filed the suit, Kronenberg obtained ex parte prejudgment writs of attachment on the Van Blaricoms’ property. These writs were discharged…