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· 3/1/2001

Vivian D. Redding v. Beverly St. Eward, Detroit Police Officer

Citations

  • 241 F.3d 530
  • 2001 U.S. App. LEXIS 2893
  • 2001 WL 197412

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 the “nature of the act performed” by a public official is “functionally equivalent to that of any private citizen,” she does not act under color of state law
  • recognizing that St. Eward herself did not physically arrest, restrain, or attempt to restrain the intruder, nor did she direct the responding 911 officers either to arrest the would-be intruder or to act in any other manner
  • explaining that “acting under color of state law” for purposes of § 1983 means that a defendant “exercised the power ‘possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law’”
  • explaining that “acting under color of state law” for purposes of § 1983 means that a defendant “exercised the power ‘possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law’” (emphasis added)
  • off-duty officer’s action in calling 911 to report a crime was “functionally equivalent to that of any private citizen calling for police assistance”

Source: CourtListener parenthetical corpus (CC0).

Judges: Krupansky, Batchelder, Gilman

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.