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· 7/20/2023

Director Factory Management Group, LLC, and Christopher Cokley v. PNC Equipment Finance, LLC, D/B/A Kubota Leasing

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a law enforcement officer is probably acting under color of law when he uses “his status as a police officer” to induce another to act
  • noting that “[t]he dispositive issue is whether the official was acting pursuant to the power he/she possessed by state authority or acting only as a private individual”
  • holding that an officer’s conduct in breaking down an apartment door and raping a woman occupant while he was in uniform was not under color of law because there was no evidence that he accomplished the act because of the power he possessed under state authority
  • finding that police officer who used his position to gain access to victim’s home to rape her was not a state actor because the break-in and rape were not accomplished nor made possible solely because of the police officer’s state employment
  • ‘[S]ection 1983 must not supplant state tort law; liability is appropriate solely for violations of federally protected rights.’’
  • “[Section 1983] merely provides a remedy for deprivations of federal statutory and constitutional rights.”

Source: CourtListener parenthetical corpus (CC0).

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.