Kylie Didonato v. Tim Panatera

Summary

The Seventh Circuit affirmed dismissal of a § 1983 claim alleging that an off-duty City of Chicago paramedic violated the plaintiff's due process rights by failing to provide adequate medical care and sexually assaulting her after she fell and injured her head in his home. The court held that the plaintiff failed to plead that the paramedic acted "under color of state law" because the conduct occurred in a purely private setting, involved no invocation or misuse of state authority, and mere overlap between his job duties and his private actions is insufficient to establish state action. The court did not reach the "special relationship" analysis under *DeShaney v. Winnebago County Department of Social Services*, as the state-action requirement was dispositive. Key topics: § 1983, state action, under color of state law, off-duty public employees, paramedic, due process, failure to provide medical care.

Holdings

1. The complaint failed to allege that Panatera acted under color of state law because his alleged misconduct was not facilitated by any invocation or misuse of state authority; his actions were those of a private citizen in a purely private social interaction.

Questions Presented

1. Whether the complaint plausibly alleged that Panatera acted under color of state law for a § 1983 claim.

Disposition

affirmed