DAIGLE v. OPELOUSAS HEALTH CARE, INC.

No. 85-4088 Summary Calendar.

774 F.2d 1344 (1985)

Harold DAIGLE, Individually and Kerry Daigle, Individually and as Administrator of the Estate of Pearl Venable Daigle, Plaintiffs-Appellants, v. OPELOUSAS HEALTH CARE, INC., and/or Southeastern Health Care, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 30, 1985.


Attorney(s) appearing for the Case

Thomas J. DeJean, Felix A. DeJean, III, Opelousas, La., for plaintiffs-appellants.

Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, James L. Pate, Lafayette, La., for defendants-appellees.

Before RUBIN, JOHNSON and JONES, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The plaintiffs in this civil rights action under 42 U.S.C. § 1983 seek to recover for the death of their grandmother as an alleged result of beatings sustained in a nursing home. The district court dismissed the action for want of federal jurisdiction. Although we find that the district court had jurisdiction, we affirm the dismissal under Rule 12(b)(6), holding that the plaintiffs failed to demonstrate the state action or nexus...

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