Jarvis v. Village Gun Shop, Inc., No. 14-2249 (1st Cir. 2015)
Annotate this CaseMassachusetts state police confiscated firearms owned by Russell Jarvis and James Jarvis, Massachusetts gun owners, and transferred custody of the confiscated firearms to Village Gun Shop, Inc. (the Gun Shop), which operates a bonded warehouse for the storage of firearms and ammunition. Massachusetts local police confiscated firearms owned by Robert Crampton, a Massachusetts gun owner, and transferred the guns to the Gun Shop for storage. When Crampton and the Jarvises failed to pay storage charges, the Gun Shop sold their firearms at public auction. The Jarvises, Crampton, and Commonwealth Second Amendment, Inc. brought suit in federal district court against the Gun Shop alleging that their Fourteenth Amendment right to due process had been violated. Plaintiffs moved for partial summary judgment against the Gun Shop, arguing that the Gun Shop was a state actor that could be held liable for damages under section 1983. The district court granted summary judgment on the state action issue to the Gun Shop. The court subsequently entered final judgment in favor of the Gun Shop. The First Circuit affirmed, holding that the Gun Shop may not be liable as a state actor under section 1983.
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