McComas v. State Auto Insurance Company et al

Filing 7

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION MARTIN DWIGHT MCCOMAS, SR. PLAINTIFF No. 1:14-cv-82-DPM v. 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 DEFENDANT ORDER McComas has paid the filing fee and filed a supplement to his complaint. 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. So Ordered. D.P. Marshall Jr.(/ United States District Judge -2-

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