Watertown Equipment Company and Edward Moe, Jr. v. Norwest Bank Watertown, N.A., formerly First National Bank of Watertown; Jerry Miller, Vice President of Norwest Bank Watertown, N.A.; Thomas Green, Attorney for Norwest Bank Watertown, N.A.

Summary

The Eighth Circuit addressed a 42 U.S.C. § 1983 challenge to a prejudgment attachment of a business's property under South Dakota law. The court held that the attachment procedure violated clearly established procedural due process requirements and that qualified immunity, reliance on counsel, and the attorney's participation required further consideration or did not provide immunity on the record presented; it reversed and remanded.

Holdings

1. Although private parties acting jointly with public officials under creditor-remedies statutes may invoke qualified immunity, Norwest, Miller, and Green were not entitled to qualified immunity because the unconstitutionality of the South Dakota attachment procedure was clearly established on October 25, 1982.
2. Norwest Bank and Miller's reliance on Green's advice did not insulate them from liability because they did not face a perilous or unique situation and Green's advice was equivocal.
3. There was a factual question whether Green acted under color of state law through joint participation with state officials in instituting the attachment proceeding; the issue had to be decided on remand.

Questions Presented

1. Whether the defendants were entitled to qualified immunity in a § 1983 action arising from enforcement of the South Dakota prejudgment attachment statute.
2. Whether Norwest Bank and Jerry Miller's reliance on advice from attorney Thomas Green insulated them from liability despite the allegedly clearly established unconstitutionality of the attachment procedure.
3. Whether Green's advice and participation in instituting the attachment constituted action under color of state law.

Disposition

reversed_and_remanded