Rita Ramon v. Gladney Center for Adoption; Mark Melson; Yvonne Munoz

Holding: The Fifth Circuit held that dismissal was proper because the plaintiff's Fourteenth Amendment claims, construed under Section 1983, did not satisfy the requirement that the alleged violations be committed by a state actor.
Standard: Section 1983 state-action requirement
Vote: Per curiam affirmance of dismissal.
Practical effect: The dismissal of Ramon's federal constitutional claims remains in place, and this decision reinforces that private defendants generally cannot be sued under Section 1983 absent state action.

The Fifth Circuit affirmed the dismissal of a pro se suit alleging Fourteenth Amendment violations arising from an adoption. The court agreed that the claims, construed under Section 1983, failed because the defendants were not alleged to be state actors.

Background

Rita Ramon alleged that she gave up her child for adoption in two thousand sixteen because of duress and coercion. Proceeding pro se, she sued Gladney Center for Adoption, its president and chief executive officer Mark Melson, and caseworker Yvonne Munoz for alleged violations of the Fourteenth Amendment. The magistrate judge construed the claims as arising under Section 1983 and recommended dismissal because Section 1983 requires action by a state actor. The district court adopted that recommendation and dismissed the amended complaint.

The court’s reasoning

The Fifth Circuit stated that Section 1983 lawsuits require that the alleged violations were committed by a state actor. After considering the appellant’s brief and pertinent portions of the record, the court found no error affecting the district court’s judgment. Because the claims were construed under Section 1983 and the complaint did not satisfy the state-action requirement, the court affirmed.

§ 1983 lawsuits require that the alleged violations were committed by a state actor.

What it means going forward

The dismissal of Ramon’s federal constitutional claims remains in place, and this decision reinforces that private defendants generally cannot be sued under Section 1983 absent state action.