Siskaninetz v. Wright State Univ.,
No. C-3-99-625 (S.D. Ohio Sept. 12, 2001)

A hearing impaired nursing student sued numerous parties at the university, including her clinical preceptor, when she was terminated from the university's nursing program. The preceptor, a nurse at a local private hospital, argued that she could not be sued under Section 1983 because she was not acting under the color of state law. Section 1983 actions allow a private citizen to sue the government for damages. The student argued that the nurse's actions became state actions through a number of channels, including the fact that the nurse benefitted from the free work of students, the university had delegated its responsibility for observation and evaluation to the nurse, serving as a de facto faculty member, and that her failing grade was based solely on the information given to the university by the nurse.

The United States District Court, Southern District of Ohio, concluded that the nurse was not acting under the color of state law and therefore granted summary judgment in her favor. The court found that the action at the root of the lawsuit was the university's termination of the student from the nursing program, and that the nurse had no hand in her dismissal. Rather, the court found that the nurse only provided the university with information and then the university had the option of what to do with the information once received.