Augenti v. Cappellini

MEMORANDUM AND ORDER

CONABOY, District Judge.

This action is before the Court on Defendant Cappellini’s Motion for Summary Judgment pursuant to F.R.C.Proc. 56. Defendant maintains that he is entitled to summary judgment, (1) on Plaintiff’s claim brought under 42 U.S.C. § 1983 because jurisdiction under this statutory provision is based solely on the involvement of John Richard Benson, and Defendant contends that this is not sufficient to meet state action requirement of § 1983; (2) on Plaintiff’s § 1985 claim because the Plaintiffs have failed to show that the Defendants Augenti or their…