Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Zephier v. Pierce, 714 F.2d 856 (1983)

Citation
Zephier v. Pierce, 714 F.2d 856 (1983)
Parent Document
Zephier v. Pierce, 714 F.2d 856 (1983)
Effective Date
1983-08-19

Full Text

768 chars
Assuming that Zephier sufficiently alleged a section 1983 cause of action, we have serious doubt as to whether the Hedquists acted under color of state law. They did not utilize the termination procedures to evict Zephier: they did nothing after the *859MHRA told them their letter did not conform to the procedures, except to indicate that they would seek to evict Zephier “as soon as the procedures for doing so [were] clarified.” Supplemental Affidavit of Dara L. Schur in Support of Motion for a Preliminary Injunction, ¶ 4 (May 22, 1981). Moreover, they did not attempt to utilize the state court unlawful detainer proceeding to evict Zephier until she had requested, and entered into, a Mutual Recission Agreement, which dissolved the Section 8 lease completely.