context: We affirmed the dismissal of the complaint because we found that the plaintiffs had failed to allege sufficiently that the private defendants had acted under color of state law because the conduct of the private defendants in obtaining the relevant court orders could not be attributed to the state so as to satisfy the first part of the under-color-of-law test.
citation_a.signal: see
citation_a.identifier: 415 F.3d 1209, 1209-10
citation_a.parenthetical: holding that "[t]he involvement of the police in executing the court-ordered search, without more, does not convert [the private defendants'] abuse of state law into conduct attributable to the state for purposes of SS 1983 liability," and "[b]ecause [Yanaki and Moss] allege nothing more than 'private misuse' of state laws, their compliant fails to satisfy the first part of the color of law test"
citation_a.sentence: See Yanaki, 415 F.3d at 1209-10 (holding that “[t]he involvement of the police in executing the court-ordered search, without more, does not convert [the private defendants’] abuse of state law into conduct attributable to the state for purposes of § 1983 liability,” and “[b]ecause [Yanaki and Moss] allege nothing more than ‘private misuse’ of state laws, their compliant fails to satisfy the first part of the color of law test”); see also id. at 1211 (Holloway, J., dissenting) (“I disagree with the Majority’s conclusion that Plaintiffs failed to sufficiently allege concerted action between the private Defendants and the police in order to support a finding that the Defendants were acting ‘under color of state law.’ ”); Yanaki v. Iomed, Inc., 319 F.Supp.2d 1261, 1265 (D.Utah 2004) (“Plaintiffs allege that [the private] Defendants’ use of state discovery rules to obtain an order from a state court judge permitting the search of their home and the seizure of Yanaki’s property satisfies the first part of the test for fair attribution [to the state for purposes of satisfying the requirement that the deprivation occur under color of state law].”).
citation_b.signal: see also
citation_b.identifier: 319 F.Supp.2d 1261, 1265
citation_b.parenthetical: "Plaintiffs allege that [the private] Defendants' use of state discovery rules to obtain an order from a state court judge permitting the search of their home and the seizure of Yanaki's property satisfies the first part of the test for fair attribution [to the state for purposes of satisfying the requirement that the deprivation occur under color of state law]."
citation_b.sentence: See Yanaki, 415 F.3d at 1209-10 (holding that “[t]he involvement of the police in executing the court-ordered search, without more, does not convert [the private defendants’] abuse of state law into conduct attributable to the state for purposes of § 1983 liability,” and “[b]ecause [Yanaki and Moss] allege nothing more than ‘private misuse’ of state laws, their compliant fails to satisfy the first part of the color of law test”); see also id. at 1211 (Holloway, J., dissenting) (“I disagree with the Majority’s conclusion that Plaintiffs failed to sufficiently allege concerted action between the private Defendants and the police in order to support a finding that the Defendants were acting ‘under color of state law.’ ”); Yanaki v. Iomed, Inc., 319 F.Supp.2d 1261, 1265 (D.Utah 2004) (“Plaintiffs allege that [the private] Defendants’ use of state discovery rules to obtain an order from a state court judge permitting the search of their home and the seizure of Yanaki’s property satisfies the first part of the test for fair attribution [to the state for purposes of satisfying the requirement that the deprivation occur under color of state law].”).