Micheal Salmon v. Crycella Freitag, et al.

Summary

The United States District Court for the District of Kansas dismissed Micheal Salmon’s pro se 42 U.S.C. § 1983 action against Crycella Freitag and Edward Freitag with prejudice. The court held that the amended complaint did not plausibly allege that either private defendant acted under color of state law and declined to permit further amendment.

Holdings

1. The amended complaint failed to plausibly allege state action because allegations that a private party furnished allegedly false information to police, without facts showing a shared unconstitutional goal, substantial cooperative action, or significant state participation, do not establish joint action under color of state law.
2. Dismissal with prejudice was appropriate because the amended complaint continued to fail to state a plausible claim and plaintiff had already been given an opportunity to cure the identified deficiency.

Questions Presented

1. Whether the amended complaint plausibly alleged that the private defendants acted under color of state law for purposes of 42 U.S.C. § 1983.
2. Whether dismissal with prejudice was appropriate after plaintiff had already been given an opportunity to cure the deficiencies identified in the initial complaint.

Disposition

dismissed