Leyva v. B&M Floor Care LLC

**Leyva v. B&M Floor Care LLC: Court Dismisses Civil Rights Claim Against Private Employer** A worker named Leyva filed a lawsuit against B&M Floor Care LLC and Cabela's, claiming his civil rights were violated under a federal law that protects people from government misconduct. Leyva tried to use a law called Section 1983, which allows people to sue when government officials or those acting like government officials violate their constitutional rights. The court dismissed Leyva's case, ruling that he used the wrong legal approach. The judge explained that Section 1983 only applies when government entities or people acting with government authority violate someone's rights. Since B&M Floor Care and Cabela's are private businesses, not government agencies, this particular law doesn't apply to them. However, the dismissal was "without prejudice," meaning Leyva has 40 days to refile his complaint using the correct legal theories. **What this means for workers:** If you believe a private employer violated your rights, you generally cannot use civil rights laws designed for government misconduct. Instead, you may need to pursue claims under employment laws, workplace discrimination statutes, or other legal protections that specifically cover private employers. Always consult with an employment attorney to determine the right legal approach for your situation.