Judy Beth Wagoner; Gregory R. Wagoner, Plaintiffs-appellants, v. Stone & Thomas, a Corporation Having Its Principal Officesand Authorized to Do Business in the State of West Virginia;barbara Ferguson, Individually and in Her Capacity As Anemployee of Stone & Thomas, Defendants-appellees, 956 F.2d 1163 (4th Cir. 1992)

Judy and Gregory Wagoner appeal the district court's order granting defendant Barbara Ferguson's and defendant Stone & Thomas'¹  motion to dismiss plaintiffs' complaint for failure to state a cause of action upon which relief may be granted. Fed.R.Civ.Proc. 12(b) (6). The district court determined that plaintiffs' complaint, purporting to state a cause of action under 42 U.S.C. § 1983 based on Ferguson's detention of Judy Wagoner in a Stone & Thomas store, failed to state a claim because plaintiffs could not prove "state action," a necessary element of the alleged cause of action.²  After reviewing the record and hearing oral arguments, we are convinced that the district court properly concluded that the Wagoners could not demonstrate "state action" given the allegations in their complaint. Accordingly, we affirm on the findings and reasoning of the district court. Wagoner v. Stone & Thomas, No. CA-90-866-3 (S.D.W. Va. April 16, 1991).

AFFIRMED.