USCA11 Case: 20-11888 Date Filed: 01/15/2021 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 20-11888
Non-Argument Calendar
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D.C. Docket No. 1:17-cv-04341-MLB
MICHAEL KEY,
ENVER KACEVIC,
Plaintiffs-Appellants,
versus
J.P. MORGAN CHASE BANK, N.A.,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Georgia
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(January 15, 2021)
Before WILLIAM PRYOR, Chief Judge, LAGOA and BRASHER, Circuit Judges.
PER CURIAM:
USCA11 Case: 20-11888 Date Filed: 01/15/2021 Page: 2 of 2
Michael Key and Enver Kacevic appeal pro se the dismissal of their
complaint against J.P. Morgan Chase Bank for alleged taking of property. 42
U.S.C. § 1983. The district court ruled that the complaint failed to state a claim for
relief. We affirm.
We review a dismissal for failure to state a claim de novo. Am. United Life
Ins. Co. v. Martinez,
480 F.3d 1043, 1056–57 (11th Cir. 2007).
The district court committed no error. The Fifth and Fourteenth
Amendments prohibit the federal and state governments from taking private
property for public use without just compensation and due process of law, U.S.
Const. amends. V, XIV, but those amendments do “not inhibit the conduct of
purely private persons in their ordinary activities.” Jeffries v. Ga. Residential Fin.
Auth.,
678 F.2d 919, 922 (11th Cir. 1982). And a nonjudicial foreclosure sale by a
private party does not involve state action under the Fifth and Fourteenth
Amendments. Barrera v. Sec. Bldg. & Inv. Corp.,
519 F.2d 1166, 1169 (5th Cir.
1975). So Chase cannot be sued for a taking based on its nonjudicial foreclosure
sale of property.
AFFIRMED.
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