Ochoa v. Public Consulting Group, Inc.

State action exists when the Plaintiff shows that her rights were deprived “by a rule of conduct imposed by the state or by a person for whom the State is responsible.” Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 (1982).

Plaintiff appealed the dismissal of her claims arising from Defendants withholding union dues from her paycheck despite Plaintiff opting out of the union. Plaintiff assigned error to the court’s conclusions that she lacked standing and the private Defendants were not state actors. Plaintiff argued she had standing because dues were erroneously deducted from her paycheck twice and since she was still employed at that employer, she was at risk of the same future injury. Plaintiff also argued that private Defendants were state actors under 42 U.S.C. § 1983. State action exists when the Plaintiff shows that her rights were deprived “by a rule of conduct imposed by the state or by a person for whom the State is responsible.” Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 (1982). The Court agreed with Plaintiff’s argument that she did have standing. Further, the Court reasoned that because the State had an affirmative duty to withhold dues and private Defendants fulfilled that duty, private Defendants were state actors. However, the Court found that Plaintiff had not alleged sufficient facts for a Fourteenth Amendment claim because Plaintiff had not shown that the withholding of the dues was intentional. Accordingly, the Court found that Plaintiff’s claims were appropriately dismissed. Affirmed.