plan benefit determination. Id. at 588. Because the plaintiffs suit against the plan fiduciary seeks the payment of benefits created and measured by the terms of the plan, the state law claims relate to the plan and are preempted. The plaintiff may seek his remedy under section 1132(a)(1)(B), upon which Count I of the complaint is based. Counts II, III, IV, and VI, however, must be dismissed. B. In Count V of the complaint, the plaintiff alleges that he has been deprived of his property without due process of law because of the defendant’s actions. It is well recognized that the Constitution protects citizens from infringement of their rights by government and state actors, not by private parties. Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 156, 98 S.Ct. 1729, 56 L.Ed.2d 185 (1978) (<HOLDING>) (citing Jackson v. Metro. Edison Co., 419 U.S.
recognizing that most rights secured by the constitution are protected only against infringement by governments recognizing exception under state constitution holding parental rights are constitutionally protected fundamental interest holding that the montana constitution protects water rights against unreasonable state action  holding a plaintiff must allege the violation of a right secured by the constitution and laws of the united states to state a claim under  1983