What is the state of the law in relation to sexual assault?

Plaintiff complaint is also devoid of facts sufficient to state a claim under 42 U.S.C. 1983. To state a section 1983 claim, plaintiff must allege (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). Although plaintiff generally alleges that defendant violated her constitutional rights, she fails to identify the specific constitutional provision defendant allegedly violated. More significantly, plaintiff fails to allege that defendant is state actor. As plaintiff only alleges conduct between private parties, her section 1983 claim must be dismissed without leave to amend. See Lopez, 203 F.3d at 1129.

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