LANE v. JOHNSON

No. 05-1137-JTM.

385 F.Supp.2d 1146 (2005)

Jerry D. LANE, Jr., Plaintiff, v. Todd JOHNSON and Peoples State Bank of Cherryvale, Kansas, Defendants.

United States District Court, D. Kansas.

September 6, 2005.


Attorney(s) appearing for the Case

Richard A. Medley, Coffeyville, KS, for Plaintiff.

Joel I. Krieger, Wallace, Saunders, Austin, Brown & Enochs, Chtd., Overland Park, KS, Ryan M. Peck, Morris, Laing, Evans, Brock & Kennedy, Chtd., Wichita, KS, for Defendant.


MEMORANDUM AND ORDER

MARTEN, District Judge.

This matter comes before the court on the defendants' Motion to Dismiss (Dkt. No. 8). Defendants allege that plaintiff fails to state a claim under 42 U.S.C. § 1983 and that this court lacks jurisdiction. Plaintiff responds that he states a viable claim against defendants even though they are private parties and not traditional state actors for purposes of § 1983. After reviewing the parties'...

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