Fuentes v. Shevin: Procedural Due Process v. Prejudgment Remedies

J. Martin Burke, University of Montana School of Law


Although on its face Fuentes merely ruled that the replevin statutes of two states violated procedural due process, the author states that from the perspective of three years of litigation over prejudgement remedies Fuentes represents a decisive, far-reaching Court decision. The article analyzes Fuentes not only as a single important opinion, but also as the latest, and perhaps culminating step in a process begun three years earlier. Fuentes' effect on Montana law receives special consideration.