Richmond v. New York Telephone Co.
Opinion
MEMORANDUM AND ORDER
Plaintiff seeks to hold the defendant New York Telephone Company liable under 42 U.S.C. § 1983 for deprivation of First Amendment and due process rights in denying him a listing in the New York telephone directory under the heading [716] “Montmartre Govt of”.1 Such a denial would be actionable under § 1983 only if defendant’s action could be characterized as that of the state. We find this state action requirement unsatisfied here. See Jackson v. Metropolitan Edison Co. (1974) 419 U.S. 345, 95 S.Ct. 449, 42 L.Ed.2d 477; Taylor v. Con Edison Co. (2d Cir. 1977) 552 F.2d 39. Since the § 1983 claim must be dismissed, an exercise of pendent jurisdiction over plaintiff’s defamation claim would be inappropriate.2 United Mine Workers v. Gibbs (1966) 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218, Kavit v. A. L. Stamm & Co. (2d Cir. 1974) 491 F.2d 1176. Defendant’s motion to dismiss the complaint is accordingly granted.
SO ORDERED.
Footnotes
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448 F. Supp. 715 (Richmond v. New York Telephone Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.