Garner v. Wallace

MEMORANDUM AND ORDER

COBB, District Judge.

This controversy involves a police officer whose off duty conduct allegedly went beyond the bounds of civility in a private contract dispute. Here, Plaintiff seeks damages and relief for the alleged violations of his civil rights by the officer, his Chief of Police, and the City of Lufkin. The defendants have filed motions to dismiss under 12(b)(1) and 12(b)(6). Because the officer’s conduct was not committed “under color of state law,” the motions to dismiss are granted.

I. Introduction

Plaintiff Michael Garner filed suit against Allen Wallace, a police…