Roark v. LaPorte County Herald Argus, 3:12-cv-00490

Roark sues the LaPorte County Herald Argus, the LaPorte City Police Department, and the City of LaPorte for defamation and civil-rights violations under 42 U.S.C. § 1983.
Roark alleges the newspaper and police spread rumors labeling her with severe insults and that police interfered with her travel and liberty.
The court sua sponte assesses forma pauperis status and denies Roark's motion to proceed in forma pauperis, dismissing the complaint under 28 U.S.C. § 1915(e)(2).
To state a § 1983 claim, Roark must show a violation of federal rights by a person acting under color of state law; private defamation generally does not meet this requirement.
The Herald Argus is private and not acting under color of state law; claims for defamation are not cognizable as § 1983 rights violations.
The LaPorte City Police Department is not a suable entity under § 1983, and municipal liability requires a policy or custom; no such policy or custom is alleged.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defamation claims against a private newspaper state a § 1983 claim	Roark argues constitutional rights are implicated by defamation by a state-actor-like entity.	Herald Argus did not act under color of state law; defamation is not a § 1983 claim.	Not actionable under § 1983; no state action.
Whether the LaPorte City Police Department can be sued under § 1983	Police department actions violated Roark's rights.	Police department is not a suable entity under § 1983.	Police department not suable; dismissal affirmed.
Whether the City of LaPorte may be liable under Monell	A policy or custom caused the alleged rights violations.	No evidence of city policy or custom; respondeat superior not applicable.	No Monell liability; no evidence of policy or custom.

Burrell v. City of Mattoon, 378 F.3d 642 (7th Cir. 2004) (§1983 standard requires state action for private conduct)
West v. Atkins, 487 U.S. 42 (U.S. 1988) (state action requirement for §1983)
Yang v. Hardin, 37 F.3d 282 (7th Cir. 1994) (acting under color of state law meaning)
Rendell-Baker v. Kohn, 457 U.S. 830 (U.S. 1982) (private conduct not under color of state law)
Monroe v. Pape, 365 U.S. 167 (U.S. 1961) (definition of acting under color of state law)
Wyatt v. Cole, 504 U.S. 158 (U.S. 1992) (badge of authority concept in §1983)
Paul v. Davis, 424 U.S. 693 (U.S. 1976) (defamation claims not cognizable as constitutional torts)
Brokaw v. Mercer County, 235 F.3d 1000 (7th Cir. 2000) (Monell policy/custom analysis; ordinary one-incident not enough)
Williams v. Heavener, 217 F.3d 529 (7th Cir. 2000) (Monell liability requires policy or custom evidence)
Calusinski v. Kruger, 24 F.3d 931 (7th Cir. 1994) (policy or custom standard caution on municipal liability)
Best v. City of Portland, 554 F.3d 698 (7th Cir. 2009) (police department not a suable entity under §1983)
Chan v. Wodnicki, 123 F.3d 1005 (7th Cir. 1997) (city agency not necessarily liable; policy required)