Nails v. McDonald Restaurant et al
| Angela Nails |
| McDonald Restaurant and Christopher Kempczinski |
| 1:2022cv02087 |
| April 21, 2022 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| John J Tharp |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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| MAILED a copy of Order and Judgment dated 6/6/22 to Plaintiff. (dm, ) |
| Filing 9 ENTERED JUDGMENT on 6/6/2022. Mailed notice. (dm, ) |
Filing 8
ORDER : On June 1, 2022 Plaintiff Angela Nails filed an amended complaint (Dkt. 7). The Court had previously granted her IFP status but dismissed her initial complaint. See Dkt. 4. The Court found that her previous complaint did not state a viable constitutional violation claim under 1983 against McDonald's because McDonald's was not a state actor, nor did it conspire with a state actor to deprive her of her constitutional rights. See Dkt. 4 at 1. ("The plaintiff has not sued state or local officials, but rather a private sector corporation, McDonalds, and has not alleged that it acted under color of state law."). It also found that Plaintiff had not stated a viable claim under state law.The Plaintiff has not cured the deficiencies in her amended complaint. Plaintiff alleges, with little detail, that she was threatened at the restaurant, in violation of her civil rights. Dkt. 7 at 1. Regarding state action, she alleges, simply, that defendants acted "under the color of state law." Id. This is insufficient. For a private actor to act under color of state law he must have "had a 'meeting of the minds' and thus reached an understanding" with a state actor to deny plaintiffs a constitutional right. Adickes v. S.H. Kress & Co., 398 U.S. 144, 158 (1970); see also Hanania v. LorenMaltese, 212 F.3d 353, 356 (7th Cir. 2000) (requiring a showing of "a concerted effort between" a private actor and state actor and that a state actor and private actor "reached an understanding to deprive the plaintiff of her constitutional rights."). Even the most liberal interpretation of Nails' claim does not satisfy this requirement.Plaintiff does not allege that Defendant Kempcinski, the McDonald's employee named by Plaintiff, had any agreement or meeting of the minds with any state actors. Plaintiff's Amended Complaint is dismissed. Civil case terminated. Signed by the Honorable Mary M. Rowland on 6/6/2022. Mailed notice. (dm, )
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| Filing 7 AMENDED complaint by Angela Nails against McDonald Restaurant. (nsf, ) |
| Filing 6 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Mary M. Rowland for all further proceedings. Honorable John J. Tharp, Jr no longer assigned to the case. Signed by Executive Committee on 5/20/2022. (ph, ) |
| Filing 5 RECEIVED JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge from Angela Nails. (lxk, ) |
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Filing 4
ORDER signed by the Honorable John J. Tharp, Jr on 5/3/2022. Mailed notice. (exr, )
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| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (gcy, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (gcy, ) |
| Filing 3 APPLICATION by Plaintiff Angela Nails for leave to proceed in forma pauperis and affidavit. (gcy, ) |
| Filing 2 CIVIL Cover Sheet. (Attachment). (gcy, ) |
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