Thus, to establish a claim under Section 1983, a
plaintiff must plead a deprivation of a right secured by the Constitution and
the laws of the United
States that was committed by a person acting
under color of state law. Machon
Dept. of Public Welfare, 847 F.Supp.2d 734 (E.D.Pa. 2012). Where a plaintiff lodges a
Section 1983 claim
against a private party (as opposed to a governmental entity), the defendant
can be held liable where he is “fairly said to be a state actor.” Pugh v.
Downs, 641 F. Supp.2d 468, 472 (E.D.Pa.
2009). See also Lugar v. Edmondson Oil
Co., 457 U.S.
922, 937, 102 S.Ct. 2744, 2753, 73 L.Ed.2d 482 (1982) (stating that our cases
have insisted that conduct allegedly causing deprivation of federal rights be
fairly attributable to the state).
If you think you might have an action under
Section 1983, please contact the experienced lawyers at Sidkoff, Pincus &
Green in Philadelphia, who are licensed to
practice law in all courts in Pennsylvania and