Robinson v. United States Small Business Administration

• Court: District Court, District of Columbia
• Decided: June 10, 2013
• Docket: Civil Action No. 2013-0863
• Status: Published

Opinion

FILED

UNITED STATES DISTRICT COURT

JUN FOR THE DISTRICT OF COLUMBIA 1 0 2013 C|erk, U.S. District & Bankruptcy DAVID ROBINSON, JR., ) Courts for the District of Columbia ) Plaintiff, ) ) ` § q v. ) Civi1 Action No. " ) U.S. SMALL BUSlNESS ) ADMINISTRATION, el al., ) ) Defendants. ) MEMORANDUM OPINION

This matter comes before the Court on review of the plaintiffs application to proceed z`rz

forma pauperis and pro se civil complaint. The Court will grant the application, and dismiss the

complaint.

The plaintiff alleges that, "[o]n or about December ll, 2012, [he] was deemed ineligible to participate in a federal loan program administered by the U.S. Small Business Administration and contracted to Borrego Springs Bank." Compl. 11 6. He "believes the defendants” acted in a "retaliatory, arbitrary, capricious and discriminat[ory]" manner, and that the decision to deny his application violated "his rights to be free from retaliation [and to] due process of law and equal protection." Ia’. 11 8. He brings this action against the Small Business Administration and Borrego Springs Bank under 42 U.S.C. § 1983. Id. 11 l. Among other relief, he demands "an injunction to cease the defendant from deeming ineligibility under its current policy," id. 11 ll,

and compensatory and punitive damages, z`d. w l3-l4.

"To state a claim under [§ ] 1983, a plaintiff must allege both (1) that he was deprived of a right secured by the Constitution or laws of the United States, and (2) that the defendant acted ‘under color of’ the law of a state, territory or the District of Columbia." Hoaz` v. Vo, 935 F.2d 308, 312 (D.C. Cir. 1991) (citing Adz`ckes v. S.H. Kress & Co., 398 U.S. 144, 150 (1970). Although plaintiffs claims arising under the Constitution may be cognizable under § 1983, that statute creates a cause of action against persons who, while acting under color of State law, deprive an individual of rights protected by the Constitution or federal law. See Settles `v. U.S. Parole Comm ’n, 429 F.3d 1098, 1103-04 (D.C. Cir. 2005). lt does not apply to a federal government agency or to a private entity. See District of Columbia v. Carler, 409 U.S. 418, 424- 25 (1973) (stating that § 1983 "does not reach purely private conduct and . . . actions of the Federal Govemment and its officers are at least facially exempt from its proscriptions"); Ea’wards v. Okz`e Dokz'e, Inc., 473 F. Supp. 2d 31, 41 (D.D.C. 2007) (dismissing § 1983 claim against nightclub absent allegation in complaint or evidence in opposition to summary judgment

motion that nightclub was acting under color of District of Columbia law).

By its tenns § 1983 applies only to state actors, and because the named defendants are

not state actors, this case will be dismissed. An Order is issued separately.

MM?

United Sv'fates District Judge

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