Barna v. City of Perth Amboy
United States Court of Appeals for the Third Circuit
42 F.3d 809 (1994)
- Written by Kyli Cotten, JD
Facts
Louis and Theresa Barna (plaintiffs) brought suit under 42 U.S.C. § 1983, alleging that the City of Perth Amboy police officers (defendants) violated their constitutional rights by assaulting the couple. The Barnas had gone out drinking with family members and quickly became unruly. Mrs. Barna’s brother, Officer Otterbine, and his partner, Officer Echevarria, were off duty and attempted to de-escalate the situation by taking the Barnas home. However, they did have their police-issued nightsticks and revolvers in their possessions. At the home, Mr. Barna became agitated with his sister-in-law, who was also Officer Otterbine’s sister. Officer Otterbine and his partner intervened, and a fight ensued during which the officers severely beat Mr. Barna using their nightsticks. At trial, after the plaintiffs’ case-in-chief, the district court granted judgment as a matter of law for the officers because they were not acting under color of state law, but rather pursuant to a family altercation. The Barnas appealed.
Rule of Law
Issue
Holding and Reasoning (Stapleton, J.)
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