Moore
Moore v. International Brotherhood of Electrical Worker, Local 6
Opinion
Lead Opinion
MEMORANDUM **
Lawrence Moore, proceeding pro se, appeals the judgment of the district court granting summary judgment to defendants. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and, upon de novo review, we affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.
Moore asserts that the district court erred in dismissing his claims that the defendants violated the First and Fifth Amendments to the United States Constitution. The district court did not err in *10 concluding that the defendant union and its individual officials are not state actors. Therefore, Moore’s claims alleging constitutional violations are not actionable. Lugar v. Edmondson Oil Co., 457 U.S. 922, 936-37 , 102 S.Ct. 2744 , 73 L.Ed.2d 482 (1982).
Moore asserts that the district court erred in dismissing his claims against individual union officers for breach of contract and breach of duty of fair representation pursuant to Section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185 . The district court did not err in concluding that Section 301 provides the basis for an action for breach of contract or breach of the duty…