Danny D. Cabrera v. Moe, Maria, and Nikos New York Style Diner

Summary

The United States District Court for the Middle District of Florida dismissed Danny D. Cabrera’s pro se 42 U.S.C. § 1983 complaint with prejudice under 28 U.S.C. § 1915A. The court held that the private diner owners and business were not state actors, and that amendment would be futile.

Holdings

1. The complaint failed to state a claim under § 1983 because Cabrera did not allege, and could not allege on the pleaded facts, that the private defendants acted under color of state law.
2. Leave to amend was properly denied because amendment would be futile.

Questions Presented

1. Whether the complaint stated a claim under 42 U.S.C. § 1983 against the owners and private restaurant based on alleged employment discrimination and harassment.
2. Whether amendment should be permitted when the alleged defendants were private parties and the complaint could not establish state action.

Disposition

dismissed