Skip to main content
· 3/28/2011

Harvey v. Plains Township Police Department

Citations

  • 635 F.3d 606
  • 2011 U.S. App. LEXIS 6236
  • 2011 WL 1108220

How courts have described this case

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

  • holding that when evaluating a Fourth Amendment claim arising from a repossession, \the test is whether the officer maintains neutrality or takes an active role in the repossession resulting in the unconstitutional deprivation.\
  • “Action under color of state law requires that one liable under § 1983 have exercised power possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” (internal quotations and citations omitted)
  • “Action under color of state law requires that one liable under § 1983 have exercised power possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” (internal quotations and citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Ambro, Fisher, Sánchez

Read full opinion on CourtListener

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.