Under what circumstances will a state employee be deemed to have acted "under the color of any law" in a sexual assault case?

MultiRegion, United States of America

The following excerpt is from Jane Doe v. Cnty. of San Diego & Timothy Wilson, 445 F.Supp.3d 957 (S.D. Cal. 2020):

Id. at 1140 (citations and internal quotation marks omitted). The court emphasized that "[a]cts of officers who undertake to perform their official duties are included whether they hew to the line of their authority or overstep it" and "[i]f.... the statute was designed to embrace only action which the [s]tate in fact authorized, the words under color of any law were hardly apt words to express the idea." Id. (citations and internal quotation marks omitted); see also Naffe v. Frey , 789 F.3d 1030, 1037 (9th Cir. 2015) ("Under [ McDade and other cases], a state employee who is on duty, or otherwise exercises his official responsibilities in an off-duty encounter, typically acts under color of state law. That is true even if the employee's offensive actions were illegal or unauthorized.") (internal citations omitted).

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