Flagg Bros., Inc. v. Brooks

Flagg Bros., Inc. v. Brooks
Supreme Court of the United States
Argued January 18, 1978 Decided May 15, 1978
Full case name	Flagg Bros., Inc., et al. v. Brooks, et al.
Citations	436 U.S. 149 (more) 98 S. Ct. 1729; 56 L. Ed. 2d 185; 1978 U.S. LEXIS 90; 23 U.C.C. Rep. Serv. (Callaghan) 1105
Case history
Prior	Defendants' motion to dismiss granted, 404 F. Supp. 1059 (S.D.N.Y. 1975); reversed, 553 F. 2d 764 (2d Cir. 1977); certiorari granted 434 U.S. 817 (1977)
Holding
Sale of plaintiff's possessions by defendant garage, as authorized by New York's version of the Uniform Commercial Code, did not constitute state action, and thus did not create a federal due process claim under the Fourteenth Amendment.
Court membership
Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Potter Stewart Byron White · Thurgood Marshall Harry Blackmun · Lewis F. Powell Jr. William Rehnquist · John P. Stevens
Case opinions
Majority	Rehnquist, joined by Burger, Stewart, Blackmun, Powell
Dissent	Marshall
Dissent	Stevens, joined by White, Marshall
Brennan took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. XIV; New York Uniform Commercial Code § 7-210

Flagg Bros., Inc. v. Brooks, 436 U.S. 149 (1978), was a case decided by the Supreme Court of the United States wherein the constitutionality of New York's Uniform Commercial Code provision, which allows a warehouse to enforce a lien upon repossessed goods by selling said goods, was challenged under the Fourteenth Amendment. The Court held that the state-allowed re-sale provision did not constitute state action, and thus, the plaintiff did not possess a colorable federal due process claim.