· 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 CourtListenerSourced 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.