Legal Opinion
Arcoren v. Peters
District Court, D. South Dakota
Decided February 13, 1986No. Civ. 83-3017PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION
DONALD J. PORTER, Chief Judge.
This is an action for an alleged violation of plaintiff’s Fifth Amendment right to due process brought directly under the United States Constitution. See Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Named as defendants are John Schooler, District Director for the FmHA, and Wenton Peters, a supervisor for the FmHA. 1 Plaintiff seeks damages for the allegedly unlawful repossession and sale of his cattle, pursuant to a security agreement with the FmHA, without prior notice and an opportunity to be heard.
JUR…
2Cases cited30 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Katz v. United StatesSupreme Court of the United States · 1967
- Mitchell v. ForsythSupreme Court of the United States · 1985
25 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- First National Bank of Minneapolis v. Kehn Ranch, Inc.South Dakota Supreme Court · 1986
- Terry L. Arcoren v. Wenton Peters and John SchoolerCourt of Appeals for the Eighth Circuit · 1987
- Terry L. Arcoren v. Wenton Peters and John SchoolerCourt of Appeals for the Eighth Circuit · 1987
- First National Bank of Minneapolis v. Kehn Ranch, Inc.South Dakota Supreme Court · 1986
- First National Bank of Minneapolis v. Kehn Ranch, Inc.South Dakota Supreme Court · 1986
5 more not listed; retrieve them via the Exa API.