Peter E. Lander v. Marc David Krock, et al.

Summary

The United States District Court for the Eastern District of Texas adopted a magistrate judge's report and recommendation and granted Defendant Chen Su's motion to dismiss. The court held that Plaintiff Peter E. Lander failed to allege facts establishing that Su, a private citizen, acted jointly with state actors for purposes of liability under 42 U.S.C. § 1983, and dismissed the claims against her with prejudice.

Holdings

1. A private citizen is not liable under § 1983 unless the plaintiff alleges facts showing that the private citizen was a willful participant in joint activity with the State or its agents, including an agreement with public defendants to commit an illegal act and a resulting constitutional deprivation. Plaintiff's allegations that Chen Su hired a roofer and that police later became involved did not satisfy this requirement.
2. Dismissal with prejudice was proper because Plaintiff had pleaded his best case and amendment would be fruitless.

Questions Presented

1. Whether Plaintiff adequately alleged that Chen Su, a private citizen, acted under color of state law for purposes of liability under 42 U.S.C. § 1983.
2. Whether the claims against Chen Su should be dismissed with prejudice because Plaintiff had pleaded his best case and amendment would be futile.

Disposition

dismissed