· 11/9/1988
Viola v. Workmen's Compensation Appeal Board
Citations
- 121 Pa. Commw. 47
- 549 A.2d 1367
- 1988 Pa. Commw. LEXIS 864
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an appointed officer who introduced herself as a local police officer, used her municipal police Miranda form, and filed an incident report with the local police department nevertheless did not act under color of state law during a federal investigation
- explaining that questions of law, including the under-color-of-state-law determination, “may be resolved by summary judgment provided there are no genuine issues of material fact in dispute”
- noting questions of law can properly be decided on summary judgment absent a genuine dispute of material fact
- finding no § 1983 action available against the defendant who was working on a federal task force rather than in her capacity as a state police officer at the relevant times
- “Without any ‘actual or purported relationship between [Weyker's] conduct and [her] duties as a [St. Paul] police officer,’ no section 1983 action is available”
- “What matters is that [the officer] acted or purported to act in the performance of her federal duties.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Barbieri, Craig, Crumlish, MacPhail, Palladino
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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