Rimac

MEMORANDUM *

Joseph Rimac appeals the district court’s dismissal of his 42 U.S.C. § 1983 action for lack of subject matter jurisdiction. The parties are familiar with the facts of the case so we will not repeat them here, except to note that Duncan cut down Rimac’s trees after a meeting with Crawford, the Fire Department Chief. We find that Rimac’s complaint sufficiently alleges state action involving Duncan and Crawford, creating subject matter jurisdiction under § 1983. Accordingly, we reverse the district court’s dismissal of the § 1983 claims against Duncan and Crawford and remand for further proceedings. We reverse the district court’s dismissal of the supplemental state law claims against all defendants insofar as that dismissal was entered “with prejudice” rather than “without prejudice.” However, we affirm the dismissal of the § 1983 claims against the Fort Dick Fire Protection District (“FDFPD”) and the County of Del Norte (the “County”).

At the outset, we note that appellees’ factual assertions in the declarations and exhibits in the record do not go to rebutting the alleged “joint action” between Duncan and Crawford. Therefore, any factual attack on jurisdiction fails…