Nickolaj Latuszkin v. City of Chicago

How courts have described this case

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

• affirming dismissal for failure to state a claim where plaintiff did not allege defendant acted under color of law
• finding that an off-duty, plain clothes officer who became intoxicated at a party in the police department’s parking lot, drove his personal vehicle under the influence, and killed the plaintiff’s spouse in an ensuing crash was not acting under color of state law
• criminalizing the “touching or fondling of the sex organs” in exchange for money
• “The important consideration . . . in determining whether an officer is acting under color of state law is the nature of the specific acts performed.”
• no state action where off- duty police officer neither “displayed any police power” nor “possessed any indicia of his office” at the time of the relevant conduct
• off-duty officer liable for constitutional violations

Source: CourtListener parenthetical corpus (CC0).