Buller v. Buechler

HEANEY, Circuit Judge.

Plaintiffs Dale and Lowell Buller and the farming enterprise they operate appeal from the district court’s order granting summary judgment in favor of the defendants on the plaintiffs’ section 1983 action. The plaintiffs claim that the defendants denied them procedural due process by garnishing the proceeds of the plaintiffs’ auction sale pursuant to South Dakota’s unconstitutional garnishment law. The district court held that the plaintiffs failed to establish the section 1983 requirement that the defendants acted “under color of state law.” Because we believe that the…