The following excerpt is from Trujillo v. Hithe, No. 2:14-cv-00584 AC P (E.D. Cal. 2014):
Additionally, only state actors may be liable for constitutional violations committed against plaintiff pursuant to the Civil Rights Act. See 42 U.S.C. 1983. Thus, "[t]o state a claim under 1983, a plaintiff must allege the violation of a right secured by the Constitution and the laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law." West v. Atkins, 487 U.S. 42, 48 (1988) (emphasis added). Individuals who commit criminal acts in the community at large are not state actors within the meaning of the statute and thus cannot be named as defendants in this action.
Page 5
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.