Likewise, private citizens who give information to law enforcement do not become state actors under Section 1983 when the information is used to effect an arrest, even if the citizen knew that the information was false.Cook v. City of Shreveport, No. 10-0809, 2011 WL 3665000, at *4 (W.D.La. Aug.19, 2011) (Hicks, J.) (quoting Polacek v. Kemper County, 739 F.Supp.2d 948, 952 (S.D.Miss.2010)) (citing Guillot v. Coastal Commerce Bank, No. 10-2092, 2010 WL 4812959, at *3 (E.D.La. Nov.19, 2010) (Zainey, J.) (citing Daniel v. Ferguson, 839 F.2d 1124, 1130 (5th Cir.1988))) (emphasis added); accord Polacek, 739 F.Supp.2d at 952-54 (citing How v. City of Baxter Springs, 217 F. App'x 787, 793 (10th Cir.2007); Lockhead v. Weinstein, 24 F. App'x 805, 806 (9th Cir.2001); Hughes v. Meyer, 880 F.2d 967, 972 (7th Cir.1989); Krisher v. Krisher, No. 3:09-CV-83-TS, 2009 WL 3568664, at *6 (N.D.Ind. Oct.26, 2009); Givens v. Main St. Bank, No. 5:08CV25, 2009 WL 1120599, at *8 (N.D.W.Va. Apr. 24, 2009); Johns v. Home Depot U.S.A., Inc., 221 F.R.D. 400, 404 (S.D.N.Y.2004); Kahermanes v. Marchese, 361 F.Supp. 168, 171 (E.D.Pa.1973)); see also Spencer, 864 F.2d at 1381 ("[P]olice assistance in the lawful exercise of self-help does not create a conspiracy with the private person exercising that self-help."))).
Plaintiffs simply have not alleged sufficient facts to show that an agreement was plausible. See Cooney v. Rossiter, 583 F.3d 967, 971 (7th Cir. 2009) (plaintiff alleging civil conspiracy "must meet a high standard of plausibility" before defendants "in such a case become entangled in discovery proceedings"); see also Krisher v. Krisher, No. 3:09-CV-83-TS, 2009 WL 3568664, at *6 (N.D. Ind. Oct. 26, 2009) (finding that plaintiff's allegations of an agreement between an officer and a private citizen were not plausible even thought it was conceivable that they reached an agreement to threaten to arrest plaintiff on the citizen's complaint). Additionally, Plaintiffs failed to link each Neighbor with any of the alleged false statements to the officers - the only facts supporting the Neighbors' role in the alleged conspiracy.
Likewise, private citizens who give information to law enforcement do not become state actors under Section 1983 when the information is used to effect an arrest, even if the citizen knew that the information was false.Cook v. City of Shreveport, No. 10-0809, 2011 WL 3665000, at *4 (W.D. La. Aug. 19, 2011) (Hicks, J.) (quoting Polacek v. Kemper County, 739 F. Supp. 2d 948, 952 (S.D. Miss. 2010)) (citing Guillot v. Coastal Commerce Bank, No. 10-2092, 2010 WL 4812959, at *3 (E.D. La. Nov. 19, 2010) (Zainey, J.) (citing Daniel v. Ferguson, 839 F.2d 1124, 1130 (5th Cir. 1988))) (emphasis added); accord Polacek, 739 F. Supp. 2d at 952-54 (citing How v. City of Baxter Springs, 217 F. App'x 787, 793 (10th Cir. 2007); Lockhead v. Weinstein, 24 F. App'x 805, 806 (9th Cir. 2001); Hughes v. Meyer, 880 F.2d 967, 972 (7th Cir. 1989); Krisher v. Krisher, No. 3:09-CV-83-TS, 2009 WL 3568664, at *6 (N.D. Ind. Oct. 26, 2009); Givens v. Main St. Bank, No. 5:08CV25, 2009 WL 1120599, at *8 (N.D. W. Va. Apr. 24, 2009); Johns v. Home Depot U.S.A., Inc., 221 F.R.D. 400, 404 (S.D.N.Y. 2004); Kahermanes v. Marchese, 361 F. Supp. 168, 171 (E.D. Pa. 1973)); see also Spencer, 864 F.2d at 1381 ("[P]olice assistance in the lawful exercise of self-help does not create a conspiracy with the private person exercising that self-help."). Donley has provided no evidence to support his subjective and conclusory allegation that the Amite police officers conspired with the Hudson's Defendants to have him arrested and tried.
in Street Bank, Civil Action No. 5:08CV25, 2009 WL 1120599, 8 (N.D. W.Va. Apr. 24, 2009. See also Lockhead v. Weinstein, 24 F. App'x 805, 806, 2001 WL 1646868 (9th Cir. 2001) ("[M]ere furnishing of information to police officers does not constitute joint action under color of state law which renders a private citizen liable under § 1983"); How v. City of Baxter Springs, No. 06-3022, 217 Fed. Appx. 787, 793, 2007 WL 533881 (10th Cir. Feb. 22, 2007) ("[A]bsent more, causing the state, or an arm of the state, to initiate a prosecution or serve process is insufficient to give rise to state action."); Hughes v. Meyer, 880 F.2d 967, 972 (7th Cir. 1989) ("[P]rivate parties are not state actors when they merely call on the law for assistance, even though they may not have grounds to do so. . . . There must be a conspiracy, an agreement on a joint course of action in which the private party and the state have a common goal.") (quoting Gramenos v. Jewel Cos., 797 F.2d 432, 435 (7th Cir. 1986)); Krisher v. Krisher, Cause No. 3:09-CV-83-TS, 2009 WL 3568664, 6 (N.D. Ind. Oct. 26, 2009) (allegation that the defendant and police officer had meeting of minds and conspired to violate plaintiff's constitutional rights was "merely conclusory," and only specific factual allegation, that defendant called law enforcement to come to his house and conferred with law enforcement officer just before officer threatened to arrest plaintiff, did not plausibly suggest shared goal to deprive plaintiff of constitutional rights); Johns v. Home Depot U.S.A., Inc., 221 F.R.D. 400, 404 (S.D.N.Y. 2004) (private party who calls for police assistance is not rendered a state actor under § 1983, even if the call caused plaintiff's detainment); Kahermanes v. Marchese, 361 F. Supp. 168, 171 (E.D. Pa. 1973) ("The deliberate giving of false information by an individual to a police officer to cause the arrest of another does not give rise to a cause of action under the Civil Rights Acts."). In the case at bar, there are no allegations that would support an inference that the Kemper County officia