Swiggett v. Watson

OPINION

STAPLETON, District Judge:

This civil rights action, brought under 42 U.S.C. § 1983, challenges the constitutionality of Section 3901 of Title 25 of the Delaware. Code insofar as that statute authorizes the sale of motor vehicles to satisfy a repairman’s lien. Jurisdiction is based on 28 U.S.C. §§ 1343(3) and (4). Damages are sought on behalf of the individual plaintiff. Injunctive and declaratory relief are sought on his behalf as well as on behalf of the class which he purports to represent.

During the summer of 1975, Stanford Swiggett, the named plaintiff, left his malfunctioning…