Patrick Jayson Reeners v. Michele Landry Jouvence, et al.

Summary

The United States District Court for the Middle District of Tennessee considers defendants’ motion to dismiss a fifth amended complaint brought by Patrick Jayson Reeners. The complaint alleges that private defendants suppressed the plaintiff’s political speech by taking political signs and intimidating him, with assistance or acquiescence from the Gallatin Police Department, in violation of the First Amendment under 42 U.S.C. § 1983. The court grants the motion, concluding that the allegations do not plausibly establish that the defendants acted under color of state law, and declines supplemental jurisdiction over the state-law conversion and assault claims.

Holdings

1. Plaintiff did not plausibly allege that Defendants acted together with, obtained significant aid from, or were otherwise fairly attributable to state officials. Allegations that the police approved of or acquiesced in Defendants' conduct were insufficient to establish state action under Lugar.
2. Plaintiff did not plausibly allege that Defendants exercised powers traditionally and exclusively reserved to the State. A municipal ordinance assigning sign-removal authority to a zoning administrator did not establish that private sign removal was historically an exclusive state function.
3. The court declined to exercise supplemental jurisdiction over the state-law conversion and assault claims after dismissing the sole federal claim.

Questions Presented

1. Whether Plaintiff plausibly alleged that Defendants, who were private individuals when the alleged conduct occurred, acted under color of state law or were state actors for purposes of 42 U.S.C. § 1983.
2. Whether Defendants' alleged removal of Plaintiff's political signs constituted a public function traditionally and exclusively reserved to the State.
3. Whether the court should exercise supplemental jurisdiction over Plaintiff's state-law conversion and assault claims after dismissing the federal claim.

Disposition

dismissed