Willie B. Turner v. Impala Motors

PECK, Circuit Judge.

Tennessee Code Annotated (T.C.A.) § 47-9-503 1 is the State of Tennessee’s statutory implementation of the Uniform Commercial Code’s § 9-503 which authorizes a secured creditor to peacefully repossess collateral. The provision is generally known as the self-help repossession provision. This case presents the issue as to whether peaceful repossession under the Tennessee statute is action under the color of state law within the meaning of 42 U.S.C. § 1983 2 and state action within the meaning of the due process clause of the Fourteenth Amendment. 3 Upon motion of the…