Fuentes v. Shevin

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Fuentes v. Shevin

Argued November 9, 1971
Decided June 12, 1972

Full case name:	Fuentes v. Shevin, Attorney General of Florida, et al.

Citations:	407 U.S. 67; 92 S. Ct. 1983; 32 L. Ed. 2d 556; 1972 U.S. LEXIS 42; 10 U.C.C. Rep. Serv. (Callaghan) 913

Holding

Statutes in Florida and Pennsylvania that allowed for the repossession of petitioners' property without prior notice or hearing violated the Fourteenth Amendment's guarantee of procedural due process.

Court membership

Chief Justice: Warren E. Burger
Associate Justices: William O. Douglas, William J. Brennan, Jr., Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis F. Powell, Jr., William Rehnquist

Case opinions

Majority by: Stewart
Joined by: Douglas, Brennan, Marshall
Dissent by: White
Joined by: Burger, Blackmun
Powell and Rehnquist took no part in the consideration or decision of the case.

Laws applied

U.S. Const. Am. XIV

Fuentes v. Shevin, 407 U.S. 67 (1972) was a case decided by the Supreme Court of the United States wherein petitioners challenged the constitutionality of the Uniform Commercial Code provisions of two states, Florida and Pennsylvania, which allowed for the summary seizure of a person's goods or chattels under a writ of replevin. The statutes were challenged under the Fourteenth Amendment. The Court held that the statutes acted as deprivations of plaintiff's property without due process.