REED v. GULF POWER SOUTHERN COMPANY, 3:14-cv-00095

Reeds sue Gulf Power in the Northern District of Florida under §1331/§1983, pro se, with in forma pauperis status granted for both spouses.
Second Amended Complaint names Gulf Power as the sole defendant and alleges termination of electric service to a guest house led to a fire and injuries.
Reeds allege the failure to terminate service deprived them of due process under the Fifth Amendment and seek $75,150 in damages.
Court analyzes whether Gulf Power acted under color of state law, a prerequisite to a §1983 claim against a private party.
The court concludes Gulf Power did not act under color of state law; therefore §1983 claim is not viable and dismissal is recommended; diversity jurisdiction is lacking.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Gulf Power acted under color of state law	Reeds argue private party actions qualify under color-of-law tests	Gulf Power is private; no state-action	No color-of-state-law finding; claim fails

Parratt v. Taylor, 451 U.S. 527 (1981) (establishes color-of-state-law requirement framework (Parratt))
Duke v. Cleland, 5 F.3d 1399 (11th Cir. 1993) (cites Parratt for private-party state-action inquiry)
Dennis v. Sparks, 449 U.S. 24 (1980) (limits private party liability under §1983)
Adickes v. S.H. Kress & Co., 398 U.S. 144 (1970) (private party action under color of state law)
Harvey v. Harvey, 949 F.2d 1127 (11th Cir. 1992) (state actor tests for private parties)
Rayburn ex rel. Rayburn v. Hogue, 241 F.3d 1341 (11th Cir. 2001) (three tests for state action: coercion, public function, nexus)