Wholesale pharmaceutical distributors sued two private entities under § 1983 for alleged constitutional and federal law violations. Though the plaintiffs alleged harm caused by the defendants’ conduct, their claims were missing an essential element: a state actor. Because the plaintiffs failed to allege sufficiently that the defendants were acting for a state, any wrong the plaintiffs suffered did not amount to a constitutional violation, nor could they sue under § 1983. The Third Circuit thus held that the District Court was correct to dismiss those claims. However, the plaintiffs plausibly alleged a violation of their due process right under New Jersey common law. Therefore, the Third Circuit reversed the District Court’s dismissal of the plaintiffs’ New Jersey common law due process claim and remanded.
