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Senator Edward Kennedy — Part 22
Page 70
70 / 117
TE EE Sane. oe mann Se Pa
AUG-18-1992 14:90 FR
Rhode Island state court cases; by slandering him, spying on him
and invading his privacy; and by improperly detaining him in July
1984.3 Presently before the court is defendant William Field's
motion for summary judgment and plaintiff's motion for change of
venue. For the reasons that follow, defendant's motion is
granted, and plaintiff's motion is denied.
1. William Field's Motion for Summary Judgment
This defendant is sued in his capacity as plaintiff's
landlord, with whom ali the other defendants allegedly conspired
to evict plaintiff from his rented apartment. As ground for the
‘instant motion, Field argues that he was not a "state actor’
within the meaning of 42 U.S.C. § 1983, and thus is not subject
to suit under that statute.
in relevant part, 42 U.S.C. § 1983 states:
Every person who, under color of any
statute, ordinance, regulation, custom, or
usage, of any State ... subjects, or causes
to be subjected, any citizen of the United
States ... to the deprivation of any
rights, privileges, or immunities secured by
the Constitution and laws, shall be liable to *
the party injured in an action at law, suit
in equity, or other proper proceeding for
redress.
*This action was originally filed in the United states
District Court for the District of Rhode Island, but was
transferred to this court when plaintiff named all the sitting
Rhode Island federal judges as defendants, thus necessitating
- . their recusal. ,
ee - ok 7
2 . . te ee
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