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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

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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 MHRA 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, p 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.