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Anderson v. Warner
United States Court of Appeals for the Ninth Circuit
451 F.3d 1063 (2006)
Thomas Anderson (plaintiff) accidentally rear-ended Charles Warner’s (defendant) vehicle. Warner became irate, exited his vehicle, and began beating Anderson. Warner worked as a jail commander for the Sherriff’s Department. During the assault, Warner, his wife, and his friend all allegedly yelled to Anderson and bystanders that Warner was a “cop” and told the bystanders not to intervene with police business. Multiple witnesses corroborated Anderson’s account. Anderson brought suit under 42 U.S.C § 1983, alleging that when Warner invoked his law-enforcement status, he violated Anderson’s due-process rights. The district court granted summary judgment for Warner. On appeal, Anderson argued that Warner acted under color of state law. Warner argued that because he was employed by the state as a custodial officer rather than a peace officer, he could not have been acting under color of state law when he used force and assaulted Anderson.
Rule of Law
Holding and Reasoning (Fletcher, J.)
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