Cite as: 506 U. S. 56 (1992)
Opinion of the Court
out the trailer.' " Id., at 8.1 Throughout this period, the deputy sheriffs knew that Terrace Properties did not have an eviction order and that its actions were unlawful. Eventually, and in the presence of an additional two deputy sheriffs, the Willoway workers pulled the trailer free of its moorings and towed it onto the street. Later, it was hauled to a neighboring property.
On September 9, the state judge assigned to the pending eviction proceedings ruled that the eviction had been unauthorized and ordered Terrace Properties to return the Soldals' home to the lot. The home, however, was badly damaged.2 The Soldals brought this action under 42 U. S. C. § 1983, alleging a violation of their rights under the Fourth and Fourteenth Amendments. They claimed that Terrace Properties and Hale had conspired with Cook County deputy sheriffs to unreasonably seize and remove the Soldals' trailer home. The District Judge granted defendants' motion for summary judgment on the grounds that the Soldals had failed to adduce any evidence to support their conspiracy theory and, therefore, the existence of state action necessary under § 1983.3
The Court of Appeals for the Seventh Circuit, construing the facts in petitioners' favor, accepted their contention that there was state action. However, it went on to hold that
1 Jones' statement was prompted by a district attorney's advice that no criminal charges could be brought because, under Illinois law, a criminal action cannot be used to determine the right of possession. See Ill. Rev. Stat., ch. 110, ¶ 9-101 et seq. (1991); People v. Evans, 163 Ill. App. 3d 561, 516 N. E. 2d 817 (1st Dist. 1987).
2 The Soldals ultimately were evicted per court order in December 1987.
3 Title 42 U. S. C. § 1983 provides that: "Every person who, under color of any statute, ordinance, regulation, custom or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."
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