Folsom Investment Co. v. Moore

CHARLES CLARK, Circuit Judge:

The district court dismissed an action brought under 42 U.S.C. § 1983 for money damages and declaratory relief based on an allegedly wrongful and unconstitutional attachment in a Louisiana state court proceeding on the ground that the Louisiana court’s determinations were res judicata. Plaintiffs appealed and argued that the Louisiana judgment was not res judicata. At oral argument, we requested the parties to address an additional question: Whether the setting in motion of a state attachment provision by a private party constituted action under color of state…