Nowlin v. Professional Auto Sales, Inc.

These two cases were consolidated for argument. In each, the issue on appeal is whether the self-help repossession of plaintiffs’ motor vehicles, after plaintiffs defaulted on payment contracts which provided for such repossession, were acts under color of state law, thus creating a cause of action under 42 U.S. C. § 1983. Plaintiffs’ contentions are that enactment of §§ 9-503 and 9-504 of the Nebraska Commercial Code and §§ 400.9-503 and 400.9-504 of the Missouri Commercial Code, which authorize self-help repossession, constitute sufficient state involvement to invoke the jurisdiction of the…