2d 1407
Appeal from the United States District Court for the District of
Massachusetts
Berenice Mary Gorczakoski on brief pro se.
Robert C. Ware and Freedman, DeRosa & Rondeau on brief for appellees.
D.Mass.
AFFIRMED.
Before Breyer, Chief Judge, Torruella and Cyr, Circuit Judges.
Per Curiam.
After granting plaintiff's application for in forma pauperis (IFP) status, the
district court construed her complaint as one under 42 U.S.C. 1983 alleging a
deprivation of property without due process. The court then reviewed the
complaint under 28 U.S.C. 1915(d), which permits the dismissal of IFP
complaints that are "frivolous." A complaint is frivolous when it "lacks an
arguable basis either in law or fact"-i.e., when it is "based on an indisputably
meritless legal theory" or makes "clearly baseless" factual allegations. Neitzke
v. Williams, 490 U.S. 319, 325, 327 (1989). The district court determined that
the complaint, even when liberally construed, suffered in this regard as to each
of the two essential elements of a 1983 claim: (1) that the conduct
complained of was committed by a person under color of state law, and (2) that
it deprived a person of rights, privileges, or immunities secured by the
Constitution or federal law. See, e.g., Parratt v. Taylor, 451 U.S. 527, 535
(1981). The case was accordingly dismissed.