SENA v. MONTOYA

Civ. No. 9296.

346 F.Supp. 5 (1972)

Solomon SENA, individually and on behalf of all others similarly situated, Plaintiff, v. Susie M. MONTOYA, Clerk of the District Court, First Judicial District, State of New Mexico, and Arthur Garcia, Sheriff of Santa Fe County, New Mexico, and their agents, employees and successors in office, Defendants.

United States District Court, D. New Mexico.

July 21, 1972.


Attorney(s) appearing for the Case

Earl Wylie Potter, Santa Fe, N. M., Michael B. Browde, Albuquerque, N. M., for plaintiff.

James C. Thompson, Dist. Atty., Vince D'Angelo, Asst. Dist. Atty., County of Santa Fe, Santa Fe, N. M., for defendants.

Before SETH, Circuit Judge, and MECHEM and BRATTON, District Judges.


MEMORANDUM OPINION

PER CURIAM.

This is a civil rights suit brought pursuant to 42 U.S.C. § 1983. Jurisdiction obtains by virtue of 28 U.S.C. § 1343(4). The suit asks this court to declare unconstitutional and enjoin the enforcement of a New Mexico statute allowing the summary seizure by a state agent of goods or chattels in a person's possession under a writ of replevin. The constitutional challenge is that the statute, by providing for seizure...

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