Post: Law and Jurisprudence
Posted by Anthony J. Fejfar BA, JD, MBA, Phd on 1/10/12
In the United States Supreme Court Case, Lugar vs. Edmundson
Oil, 457 U.S. 922 (1982), the Court held that a Landlord is
a State Actor for purposes of 42 United States Code, Section
1983 Tort liability, and perhaps even criminal liability.
In Lugar, the United States Supreme Court held that it is
illegal for a Landlord to engage in prejudgment activities
such as self help eviction, summary eviction, seizure of the
tenant's property, etc. The Court in Lugar used
Substantive Due Process analysis such as that found in NAACP
vs Button, 371 U.S. 415 (1973). Additionally, Lugar has far
reaching effects as a legal precedent in other areas, such
as, treating a Trustee or a Guardian a a State Actor for
purposes of Section 1983.
Anthony Fejfar Legal Consultant for Attorneys and Professors
Posts on this thread, including this one
- Law and Jurisprudence, 1/10/12, by Anthony J. Fejfar BA, JD, MBA, Phd.