Spencer v. Illinois Community Action Association

OPINION

RICHARD MILLS, District Judge.

In the context of ... 42 U.S.C. § 1983 ..., we have said “ ‘under color’ of law has consistently been treated as the same thing as the ‘state action’ required under the Fourteenth Amendment.”

Morse v. Republican Party of Virginia, 517 U.S. 186, 249, 116 S.Ct. 1186, 134 L.Ed.2d 347 (1996)

(Kennedy J., dissenting).

Because Plaintiffs employer was a private entity, and because she failed to establish that her employer conspired with the State or any State official(s) to fire her in violation of her First Amendment rights, summary judgment must be entered in…