Follett v. Waddell
4:13-cv-01144
N.D. Cal.Aug 15, 2013Background
- Plaintiff Sean David Follett, a California state prisoner, filed a pro se § 1983 civil rights complaint and an IFP application in the Northern District of California.
- The alleged wrongful acts occurred in Santa Clara County, making venue proper in this district.
- Defendant is a private individual: Plaintiff's stepfather, Russell E. Waddell.
- Plaintiff did not allege any facts showing Waddell acted under color of state law or in concert with the State.
- The Court conducted a § 1915A preliminary screening and found the claims not cognizable under § 1983.
- The Court dismissed the action with prejudice and ordered entry of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a private actor (Waddell) can be liable under § 1983 | Follett asserts harms caused by Waddell warrant § 1983 relief | Waddell is a private actor and did not act under color of state law | Dismissed: private conduct not actionable under § 1983 |
| Whether facts allege state action or close nexus with state | Follett alleges harm by stepfather (no factual claim of state involvement) | No factual allegation of coercive state power, encouragement, or joint action | Held: no allegations sufficient to treat conduct as state action |
| Whether complaint states a cognizable § 1983 claim | Follett seeks relief under § 1983 against Waddell | Waddell cannot be sued under § 1983 absent state action | Dismissed with prejudice as not cognizable |
| Whether dismissal should be without prejudice or with prejudice | (No leave-to-amend requested or factual basis shown) | Court treated claim as legally deficient on its face | Dismissed with prejudice |
Key Cases Cited
- West v. Atkins, 487 U.S. 42 (1988) (elements of a § 1983 claim require state action)
- Brentwood Academy v. Tennessee Secondary Sch. Athletic Ass'n, 531 U.S. 288 (2001) (private conduct may be state action only with close nexus/joint activity)
- Gomez v. Toledo, 446 U.S. 635 (1980) (private citizen does not act under color of state law for § 1983)
- Balistreri v. Pacifica Police Dep't, 901 F.2d 696 (9th Cir. 1988) (pro se pleadings are to be liberally construed)
- Jackson v. Arizona, 885 F.2d 639 (9th Cir. 1989) (incomprehensible claims may be dismissed as frivolous)