What is the test for whether a state employee is acting under color state law when acting in his official capacity?

"The purpose of 1983 is to deter state actors from using the badge of their authority to deprive individuals of their federally guaranteed rights." McDade v. West, 223 F.3d 1135, 1139 (9th Cir.2000). Generally, a public employee is acting under color of state law when acting in his official capacity or while exercising his responsibilities pursuant to state law. McDade, 233 F.3d at 1170. All actions that a government official takes are not state action simply by virtue of government employment. Johnson v. Knowles, 113 F.3d 1114, 1117 (9th Cir. 1997).¹⁷ The acts therefore must be performed when the public employee "is acting, purporting, or pretending to act in the performance of his or her official duties." McDade, 233 F.3d at 1140.

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