What is the test for determining whether a defendant has exercised power "possessed by virtue of state law"?
MultiRegion, United States of America
The following excerpt is from Rawson v. Recovery Innovations, Inc., 975 F.3d 742 (9th Cir. 2020):
At bottom, the inquiry is always whether the defendant has "exercised power possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law. " West v. Atkins , 487 U.S. 42, 49, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988) (quoting United States v. Classic , 313 U.S. 299, 326, 61 S.Ct. 1031, 85 L.Ed. 1368 (1941) ).
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