Jarvis et al v. Village Vault, Inc. et al
Commonwealth Second Amendment, Inc., James Jarvis, Robert Crampton and Russell Jarvis |
Village Vault, Inc. and Mary Elizabeth Heffernan |
1:2012cv40032 |
March 27, 2012 |
US District Court for the District of Massachusetts |
Boston Office |
Worcester |
Joseph L. Tauro |
Constitutionality of State Statutes |
42 U.S.C. ยง 1983 |
None |
Available Case Documents
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Filing 71 Judge William G. Young: ORDER entered. MEMORANDUM AND ORDER"Village Gun Shop was not coerced by the government intoviolating the Owners rights, nor does it provide a traditionalpublic function. Additionally, Village Gun Shops actions donot cons titute a connection with state action sufficient towarrant a holding that it is a state actor under the nexus orjoint function test. The Court holds that Village Gun Shop isnot a state actor for the purposes of this section 1983 action.Accordingly, t he Owners Motion for Partial Summary Judgment is24DENIED and summary judgment is GRANTED to Village Gun Shop. TheCourt has the undoubted authority to enter summary judgmentagainst the moving party pursuant to Federal Rule of CivilProcedure 56(f)(1). Judgment will enter in favor of Village GunShop at the close of the case.SO ORDERED."(Sonnenberg, Elizabeth) |
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