Riggio
Riggio v. Bank of America National Trust & Savings Ass'n
Opinion
Lead Opinion
MEMORANDUM *
1. The district court did not err in dismissing Riggio’s Bivens actions against the Bank of America, Mull and Berger. There is no private right of action for damages against private entities that are alleged to have engaged in constitutional *506 deprivations, even if they are acting under color of federal law. See Corr. Servs. Corp. v. Malesko, 534 U.S. 61 , 122 S.Ct. 515, 519 , 151 L.Ed.2d 456 (2001). The Bank of America is a private entity. Consequently, it may not be sued in a Bivens action. Neither Mull nor Berger may be sued in a Bivens action, because such an action may only be brought against “individual federal officers” who commit “constitutional violations.” Id. at 521.
Because negligence is not actionable under Bivens, we agree with the district court that Riggio has not stated a Bivens claim against the two fictionally named FBI agents. See O’Neal v. Eu, 866 F.2d 314, 314 (9th Cir.1989).
2. To maintain a section 1983 claim against private entities, a plaintiff must show that they acted under color of state law. See Rivera v. Green, 775 F.2d 1381, 1384-85 (9th Cir.1985). We agree with the district court that Riggio’s complaint alleges, at most, that…