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Jane Mead v. Independence Association; Christine Braden, Individually and In Her

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Before Lipez, Selya, and Howard, Circuit Judges.

Jane Mead was fired from her job as administrator of fifteen assisted living facilities operated by Independence Association (“IA”) and licensed by the Maine Department of Health and Human Services (“DHHS”). Pursuant to 42 U.S.C. § 1983, Mead filed suit against IA and two DHHS employees in the United States District Court for the District of Maine, alleging that her termination without a hearing infringed her procedural due process rights. She also asserted a number of state law claims.

In response to a motion to dismiss, the district court dismissed Mead’s due process claims, explaining that IA was a non-state actor and thus could not be held accountable under § 1983, and that the complaint failed to allege a constitutional violation by the DHHS employees. See Mead v. Independence Ass’n, 714 F. Supp. 2d 188, 192-97 (D. Me. 2010). It then declined to exercise supplemental jurisdiction over Mead’s state law claims and dismissed them without prejudice. See id. at 198-99.

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