Lansbury v. Massey

2 Citing cases

  1. Moss v. Bd. of Educ.

    22-CV-6212(JS)(SIL) (E.D.N.Y. Jul. 8, 2024)   Cited 1 times

    . To state a claim pursuant to Section 1983, Plaintiff must plausibly allege: (1) challenged conduct “committed by a person acting under color of state law”; and (2) said challenged conduct “must have deprived a person of rights, privileges or immunities secured by the Constitution or laws of the United States.” Lansbury v. Massey, No. 22-CV-6447, 2023 WL 266513, at *2 (E.D.N.Y. Jan. 18, 2023) (quoting Cornejo v. Bell, 592 F.3d 121, 127 (2d Cir. 2010)). Once a plaintiff establishes the “color of law” requirement, and it is undisputed that “a state employee acting in his official capacity is acting ‘under color of state law

  2. Moss v. Ciferri

    21-CV-3572 (JS) (SIL) (E.D.N.Y. Mar. 31, 2023)   Cited 2 times

    To state a claim pursuant to Section 1983, Plaintiff must plausibly allege: (1) challenged conduct “committed by a person acting under color of state law”; and (2) that the challenged conduct “must have deprived a person of rights, privileges or immunities secured by the Constitution or laws of the United States.” Lansbury v. Massey, No. 22-CV-6447, 2023 WL 266513, at *2 (E.D.N.Y. Jan. 18, 2023) (quoting Cornejo v. Bell, 592 F.3d 121, 127 (2d Cir. 2010)). “[T]he under-color-of-state-law element of § 1983 excludes from its reach ‘merely private conduct, no matter how discriminatory or wrongful.'”