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Lally v. Crawford County Trust Savings Bank

United States Court of Appeals, Eighth Circuit
Dec 22, 1988
863 F.2d 612 (8th Cir. 1988)

Summary

affirming dismissal of pro se § 1983 claim against bank and its employee for lack of state action when bank employee threatened to have plaintiff put in jail for violating criminal statutes

Summary of this case from Banks v. Hughes

Opinion

No. 88-1788.

Submitted December 7, 1988.

Decided December 22, 1988.

Michael F. Lally, pro se.

James B. Cavanagh, Omaha, Neb., for appellees.

Appeal from the United States District Court for the Northern District of Iowa.

Before McMILLIAN, JOHN R. GIBSON and MAGILL, Circuit Judges.


Michael Lally appeals pro se from the orders of the district court dismissing his complaint for failure to state a claim. After carefully reviewing the record, we affirm.

The Honorable Donald E. O'Brien, Chief Judge, United States District Court for the Northern District of Iowa.

This action arose out of the manner in which a $48,000 debt owed by Lally was collected by appellees Crawford County Trust and Savings Bank and its employee, Jimmie Thomas. Lally filed a complaint for violations of 42 U.S.C. § 1983, the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961-1968 (RICO), and the Fair Debt Collection Practice Act, 15 U.S.C. §§ 1601-1692 o (FDCPA), which the district court ultimately dismissed for failure to state a claim. This appeal followed.

A party is subject to suit under 42 U.S.C. § 1983 if "the conduct allegedly causing the deprivation of a federal right [can] be fairly attributable to the State." Lugar v. Edmondson Oil Co., 457 U.S. 922, 937, 102 S.Ct. 2744, 2753, 73 L.Ed.2d 482 (1982). In the case at bar, Lally's § 1983 claim was based on the allegation that Thomas acted under color of state law when he threatened to have Lally put in jail for violating state criminal statutes. We hold that the district court properly dismissed Lally's § 1983 claim for lack of state action.

Although a pro se complaint is to be liberally construed, it "must contain specific facts supporting its conclusions." Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985). In pleading RICO violations, a litigant must allege the time, place, and content of all false representations. Bennett v. Berg, 685 F.2d 1053, 1062 (8th Cir. 1982), rev'd in part on other grounds, 710 F.2d 1361 (banc), cert. denied, 464 U.S. 1008, 104 S.Ct. 527, 78 L.Ed.2d 710 (1983). This Lally failed to do in spite of the fact that the district court afforded him sufficient opportunity to amend his complaint and warned that his failure to do so would result in dismissal. The district court's dismissal of Lally's RICO and FDCPA claims was proper.

Accordingly, the judgment of the district court is affirmed.


Summaries of

Lally v. Crawford County Trust Savings Bank

United States Court of Appeals, Eighth Circuit
Dec 22, 1988
863 F.2d 612 (8th Cir. 1988)

affirming dismissal of pro se § 1983 claim against bank and its employee for lack of state action when bank employee threatened to have plaintiff put in jail for violating criminal statutes

Summary of this case from Banks v. Hughes

affirming the decision of a district court dismissing a debtor's Section 1983 claim against bank for lack of state action, where the debtor's only claim was based on allegation that bank employee acted under color of state law when he threatened to have the debtor put in jail for account overcharge

Summary of this case from Kebede v. Bank of Am. Corp.

affirming the dismissal of a Section 1983 claim for lack of state action where a plaintiff alleged that a bank employee had threatened to have him arrested while collecting a debt

Summary of this case from Hatcher v. Servis First Bank

affirming the decision of a district court dismissing a debtor's § 1983 claim against bank for lack of state action, where the debtor's only claim was based on allegation that bank employee acted under color of state law when he threatened to have the debtor put in jail for account overcharge

Summary of this case from Salley v. Rodriguez
Case details for

Lally v. Crawford County Trust Savings Bank

Case Details

Full title:MICHAEL F. LALLY, APPELLANT, v. CRAWFORD COUNTY TRUST SAVINGS BANK…

Court:United States Court of Appeals, Eighth Circuit

Date published: Dec 22, 1988

Citations

863 F.2d 612 (8th Cir. 1988)

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