Kristine-Lee Hardwick-Lewis v. Brock & Scott, PLLC, et al.

Summary

The United States District Court for the District of Maryland granted Harvey West Auctioneers’ Rule 12(b)(6) motion to dismiss claims arising from a foreclosure sale. The court held that the amended complaint did not plausibly allege that Harvey West, a private auctioneer, acted under color of state law for purposes of 42 U.S.C. § 1983. The court also dismissed the remaining claims against Harvey West because the complaint did not sufficiently allege that its participation in the court-authorized foreclosure sale was unlawful or deprived the plaintiff of property rights.

Holdings

1. The amended complaint failed to state a plausible Section 1983 claim because it alleged no facts showing that Harvey West was a state actor or acted under color of state law.
2. The amended complaint failed to state plausible non-Section 1983 claims against Harvey West because it did not allege facts showing that Harvey West's court-ordered participation in the foreclosure sale was unlawful, improper, or deprived Plaintiff of property rights.
3. A complaint must allege sufficient factual content to state a plausible claim for relief; legal conclusions, bare assertions, and unsupported elements are insufficient.

Questions Presented

1. Whether the amended complaint plausibly alleged that Harvey West Auctioneers was a state actor or acted under color of state law for purposes of 42 U.S.C. § 1983.
2. Whether the amended complaint stated any plausible non-Section 1983 claim against Harvey West based on its participation in the court-ordered foreclosure sale.

Disposition

dismissed