September 4, 2012
- 78 Civil Rights
- 78III Federal Remedies in General
- 78k1323 Color of Law
- 78k1326 Particular Cases and Contexts
- 78k1326(8) k. Police or Peace Officers; Prisons.
Corrections officer was not acting “under color of state law,” for purposes of § 1983 action against county sheriff, when, after discovering a naked young man in her daughter’s bedroom closet, she allegedly punched him, held him at gunpoint, handcuffed him, threatened to shoot him if he did not obey her commands, and warned him that if he reported what had happened she would file trespassing charges against him; officer’s conduct, or misconduct, was not accomplished because of her status as a corrections officer, but constituted the private actions of an angry mother.
Butler v. Sheriff of Palm Beach County, 685 F.3d 1261 (11th Cir. July 6, 2012)
Suggested by Sarah Taitt, Attorney; Osceola County, FL