McComas v. State Auto Insurance Company et al
ORDER directing McComas to amend his complaint with any race-related allegations he believes are true by 29 August 2014. Signed by Judge D. P. Marshall Jr. on 8/18/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
MARTIN DWIGHT MCCOMAS, SR.
STATE AUTO INSURANCE COMPANY,
dfb/a State Auto Finance Corp., State Auto
Property & Casualty Insurance Company,
State Automobile Mutual Insurance Company,
State Auto National Insurance Company,
State Auto Insurance Company of Wisconsin,
Milbank Insurance Company, Farmers Casualty
Insurance Company, Mid-Plains Insurance
Company, Meridian Security Insurance
Company, Meridian Citizens Mutual Insurance
Company, Insurance Company of Ohio, State
Florida Insurance Company
McComas has paid the filing fee and filed a supplement to his
In the absence of any concerted activity with state actors,
McComas has no claim under the Fourth Amendment, or 42 U.S.C. § 1983,
against State Auto and its affiliates, all of which are private entities. Murray
v. Wal-Mart, Inc., 874 F.2d 555, 558-59 (8th Cir. 1989). Those claims are
dismissed as a matter of law. McComas might have a claim under 42 U.S.C.
§ 1981, which implements the Fourteenth Amendment, if State Auto
interfered with his right to enforce his insurance contract because of his race.
Ellis v. Houston, 742 F.3d 307, 318 (8th Cir. 2014). This§ 1981 claim is not
adequately pleaded at this point. McComas has until 29 August 2014 to
amend his complaint further with any race-related allegations he believes are
true. Any amended complaint must include all particulars about which
defendants did what.
D.P. Marshall Jr.(/
United States District Judge
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