Price is the 1960s civil rights era case in which the Supreme Court recognized that private actors could be deemed "persons" within the purview of §§ 19 based on allegations that they conspired and acted jointly with a Mississippi law enforcement officer to kidnap, detain and murder two civil rights workers and their African American companion. In the instant case, Glaeser contends Sierra Peters and her parents "jointly engaged" with state officials to impugn his character and wrongfully terminate his employment for purposes of § 1983's "under color of " requirement, citing United States v. Persons acting on their own behalf as individuals, and not with any apparent or actual authority of the state, may be liable as individuals for any wrongs or torts committed against another, but may not be liable as "persons under color of " under § 1983. Section 1983 imposes civil liability only upon aĮrson who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws.Ĥ2 U.S.C. This failure has been more or less apparent since the beginning of the litigation, but because of my Order to Show Cause noting the derivative nature of Glaeser's constitutional claims against the Peters and directing Glaeser to establish the viability of his claims against principal School District first, attention was drawn away from the viability of Glaeser's claims against the Peters independently of those claims. Plaintiff's federal civil rights claims against the Peters Defendants are DISMISSED with prejudice under both a 12(c) and Rule 56(c) standards based on a failure of colorable allegations and/or evidence establishing the Peters as co-conspirators or joint actors "under color" of state law for purposes of liability under 42 U.S.C. 67), the Motion is GRANTED in part and DENIED in part based on the following rulings:ġ. Upon careful consideration of the Motion of Sierra, Carol and Jeff Peters to Dismiss Plaintiff's Claims Against Them or, in the Alternative, for Summary Judgment (Doc.
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