Morrow Electric Company, Inc. v. Cruse

ORDER

RICHARD C. FREEMAN, District Judge:

This is a civil rights action brought by a corporate plaintiff under 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343(3), to declare unconstitutional and enjoin the enforcement of the Georgia statutory garnishment scheme as set out at Ga.Code Ann. §§ 46-101, 46-102, and 46-401. (See Appendix). Plaintiff contends that this scheme violates the Due Process Clause of the Fourteenth Amendment because it has effectively deprived plaintiff of the use of its property — specifically, a bank account set aside for payment of state and federal…