Michael Key v. J.P. Morgan Chase Bank, N.A.

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 15, 2021
• Docket: 20-11888
• Status: Unpublished

Opinion

USCA11 Case: 20-11888 Date Filed: 01/15/2021 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 20-11888 Non-Argument Calendar ________________________

D.C. Docket No. 1:17-cv-04341-MLB

MICHAEL KEY, ENVER KACEVIC,

Plaintiffs-Appellants,

versus

J.P. MORGAN CHASE BANK, N.A.,

Defendant-Appellee.

________________________

Appeal from the United States District Court for the Northern District of Georgia ________________________

(January 15, 2021)

Before WILLIAM PRYOR, Chief Judge, LAGOA and BRASHER, Circuit Judges.

PER CURIAM: USCA11 Case: 20-11888 Date Filed: 01/15/2021 Page: 2 of 2

Michael Key and Enver Kacevic appeal pro se the dismissal of their

complaint against J.P. Morgan Chase Bank for alleged taking of property. 42

U.S.C. § 1983. The district court ruled that the complaint failed to state a claim for

relief. We affirm.

We review a dismissal for failure to state a claim de novo. Am. United Life

Ins. Co. v. Martinez, 480 F.3d 1043, 1056–57 (11th Cir. 2007).

The district court committed no error. The Fifth and Fourteenth

Amendments prohibit the federal and state governments from taking private

property for public use without just compensation and due process of law, U.S.

Const. amends. V, XIV, but those amendments do “not inhibit the conduct of

purely private persons in their ordinary activities.” Jeffries v. Ga. Residential Fin.

Auth., 678 F.2d 919, 922 (11th Cir. 1982). And a nonjudicial foreclosure sale by a

private party does not involve state action under the Fifth and Fourteenth

Amendments. Barrera v. Sec. Bldg. & Inv. Corp., 519 F.2d 1166, 1169 (5th Cir.

1975). So Chase cannot be sued for a taking based on its nonjudicial foreclosure

sale of property.

AFFIRMED.