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Power to Assess Big Fines, or File Liens, Does Not State Action Make

By Eric L. Lipman

On Tuesday of this past week, the U.S. District Court for the District of Minnesota dismissed the civil rights claim of certain life estate holders and remaindermen ? the Lennon Family ? against their condominium association.

Complaining that the association?s assessment of $49,421.52 in fines against the Lennons, and filing a lien for this amount against the family?s condominium, violated their right to due process, the Lennons lodged a 1983 claim against the association.

Dismissing the suit, U.S. District Court Judge Michael J. Davis concluded that the plaintiffs had not established a sufficiently close nexus between the exercise of powers by the condominium association and the color of state law. Summarized Davis: ?The Court finds that neither the power to file liens, nor the power to assess fines is a power reserved for the state. Both powers are exercised regularly by private entities: mechanics file liens and the [National Collegiate Athletic Association] assesses penalties.? Further, the conclusion that state action was lacking was not altered by the fact that the Dakota County Recorder, a government official, had recorded the association?s lien filing in the county land records.

The Court?s complete analysis is accessible here.

Full post as published by Within the Scope on May 18, 2008 (boomark / email).