Moody v. Farrell, No. 16-60684 (5th Cir. 2017)Annotate this Case
Plaintiff was arrested for felony cyberstalking for repeatedly sending mean-spirited messages to her ex-husband, but the charges were later dropped. Plaintiff then filed suit against her ex-husband and others under 42 U.S.C. 1983, alleging that her First and Fourth Amendment rights had been violated. The Fifth Circuit affirmed the district court's grant of summary judgment against plaintiff, holding that plaintiff failed to show that the ex-husband acted under color of state law. The court need not address the parties' other arguments.