Can a plaintiff bring a conspiracy claim against a number of private actors for failing to protect his rights by reporting a potential crime to the police?

Here, plaintiff has described conduct, but he has failed to allege any facts to show that the conduct he describes can be determined to constitute a conspiracy to violate his rights in either his original or his Amended Complaint. The mere reporting of a potential crime to police officers is not an actionable conspiracy as the citizen does not become a state actor by the mere reporting of a potential crime. Collins v. Womancare, 878 F.2d 1145, 1155 (9th Cir. 1989). This is true even if the private entity might have been using the crime report as a means to eject plaintiff from the premises or its vicinity. See Villegas v. Gilroy Garlic Festival, 541 F.3d 950 (9th Cir. 2008) (en banc) (a private entity enforcing a dress code does not becomes a state actor merely because police were present at the entity's festival for safety purposes and escorted a plaintiff out of the festival at the entity's request for violation of the dress code). This conspiracy claim against numerous private actors should be dismissed. (See also Section C below).

7. Failure to Protect Claim