Donald L. Meek v. County of Riverside, and Albert J. Wojcik, Judge, Riverside Municipal Court Rodney Walker, Judge, Riverside Municipal Court

I dissent from the majority’s disposition of this case for one simple reason: Donald Meek was not constructively fired. Therefore, he cannot maintain a § 1983 action in federal district court, and we must dismiss his case.

In § 1983 actions, the preliminary focus must be whether or not the alleged wrongful act involved state action. Ouzts v. Maryland Nat’l Ins. Co., 505 F.2d 547, 550 (1974) (en banc). If it does not, then we as federal courts do not have jurisdiction, see 28 U.S.C. § 1343(a)(3), and we need not even pass on the immunity issues reached in the majority’s opinion.

In § 1983…