Edward J. McGraw v. Sheriff Chris Morris and Unknown Deputy Officers in their Official Capacities, and Board of County Commissioners of Pittsburg County, Oklahoma

Summary

The Eastern District of Oklahoma grants defendants’ motion to dismiss a pro se 42 U.S.C. § 1983 action arising from a search of the plaintiff’s residence and his subsequent arrest. The court concludes that the officers acted under Choctaw Nation authority rather than under color of state law, depriving the court of subject-matter jurisdiction over the § 1983 claims. The court also deems the motion confessed based on the plaintiff’s failure to respond and dismisses the claims without prejudice.

Holdings

1. A § 1983 action requires deprivation of a federally protected right by an actor acting under color of state law. Because the officers executed the search and arrest under Choctaw Nation authority rather than state authority, Plaintiff lacked the essential jurisdictional predicate for his § 1983 claims, and the court lacked subject-matter jurisdiction.
2. Because Plaintiff failed to respond within the period required by Local Rule 7.1(d), the court deemed Defendants' motion to dismiss confessed under Local Rule 7.1(g).
3. Even though Plaintiff failed to respond to the motion, the court was required to examine the complaint and determine whether it stated a claim upon which relief could be granted.

Questions Presented

1. Whether Plaintiff's § 1983 claims could proceed when the challenged conduct was allegedly undertaken under Choctaw Nation authority rather than under color of state law.
2. Whether Defendants' motion to dismiss could be deemed confessed because Plaintiff failed to respond under the applicable local rules.
3. Whether the court was required to independently examine the complaint despite Plaintiff's failure to respond to the motion to dismiss.

Disposition

dismissed