Plaintiff,
v.
MICHAEL SCHIAVO, individually, and in his capacity as guardian of the person of THERESA MARIE SCHINDLER SCHIAVO, Incapacitated,
Defendant.
There's the Style of the Federal Case. It looks like Michael Schiavo is the DEFENDANT, not the State of Florida
End of story.
From the Complaint....
(against Michael Schiavo) and those acting in concert with him
also
36. Defendant Schiavo is a state actor because he is a state-appointed guardian and has been ordered by the trial judge, acting in the dual capacity of judge and guardian, "to cause the removal of the nutrition and hydration tube from the Ward, Theresa Marie Schiavo, at 2 p.m. on the 15th day of October, 2003." The court and Schiavo, as the death-petitioner, thus act jointly and in a symbiotic relationship which cloaks Schiavo with the authority of the state to terminate Terri's life.