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“Rety 4 ai a AE TEAST TEE HH SSE ES SOE APU i TRU SUS St aA ANI th eas eee at any esther < —_ aoe oo It is settled law that a plaintiff in a section 1983 action must allege both a deprivation of rights secured by the laws or constitution of the United States, and that said deprivation was Gomez committed by a person acting “under color of state law." v. Toledo, 446 U.S. 625 (1980); McGillicuddy v. Clements, 746 F.2d 76 (1st Cir. 1984); MacDonald v. Manchester Fire Dept., 769 F. Supp. 40 (D.N.H. 1990). When a private individual such as Field has been named as part of a civil rights conspiracy, the First Circuit has stated that "it is appropriate to require that the relationship or nature of cooperation between the state and a private individual be pled in some detail" in order to convert the actions of a private party to action "under color of state law." McGilli- cuddy, supra, 746 F.2d at 77 (citations omitted). The role of summary judgment is to "'pierce the pleadings and assess the proof in order to see whether there is a genuine need for trial.'" Mesnick v. General Elec, Co., 950 F.2d 816, 822 (1st Cir. 1991), cert. denied, ___ U.S. __, ___ S. Ct. __, 60 U.S.L.W. 3841 (June 15, 1992) (quoting Garside v. Osco Drug, ine., 895 F.2d 46, 50 (1st Cir. 1990)). The burden is on the moving party to show that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. Rule 56(c), Fed. R. Civ. P. The court must view the entire record in the light most favorable to the nonmovant, "tindulging 3 a ee