Kurt Ponzar v. Matthew Layfield, No. 14-1494 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil cases - Civil rights. District court did not err in dismissing plaintiff's Section 1983 claim as plaintiff failed to allege facts which would support a conclusion that the defendants - private attorneys - acted under color of state law while representing their client, a lender, in judicial proceedings against plaintiff. [ September 26, 2014
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1494 ___________________________ Kurt W. Ponzar lllllllllllllllllllll Plaintiff - Appellant Sandra L. Ponzar lllllllllllllllllllll Plaintiff v. Matthew S. Layfield; Polsinelli Shughart, P.C.; Michelle Clardy; Sherry K. Dreisewerd; Michael A. Campbell lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: September 17, 2014 Filed: September 29, 2014 [Unpublished] ____________ Before LOKEN, MELLOY, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Kurt Ponzar appeals from the district court s1 order dismissing the federal claims in his removed civil complaint, upon motion by defendants, and remanding the state law claims to state court. On appeal, Ponzar raises only one issue: whether the district court properly dismissed a 42 U.S.C. ยง 1983 claim that was raised in his complaint. Having carefully reviewed the record, see Minn. Majority v. Mansky, 708 F.3d 1051, 1055 (8th Cir. 2013) (standard of review), we conclude that the claim was properly dismissed because Ponzar failed to allege facts which would support a conclusion that defendants--private attorneys--acted under color of state law while representing their client, a lender, in judicial proceedings against Ponzar. See Carlson v. Roetzel & Andress, 552 F.3d 648, 650-51 (8th Cir. 2008). The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri. -2-
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