Furthermore, Plaintiff need not allege that all of the Defendants are state officers in order to satisfy the under color of state law requirement of Section 1983. See Dennis v. Sparks, 449 U.S. 24, 27-28 (1980) (citing Adickes v. S. H. Kress & Co., 398 U.S. 144, 152 (1970); and Price, 383 U.S. at 794); see also Abbot v. Latshaw, 164 F.3d 141, 147-48 (3d Cir. 1998). Under the joint participation doctrine, the Defendants who are not state officers may be found to have acted under color of state law if they were willful participants in a joint action with the State or its actors. See Dennis, 449 U.S. at 27-28; see also Abbot, 164 F.3d at 147-48.
Posted on: Sat, 24 May 2014 20:24:20 +0000
Trending Topics
Recently Viewed Topics
© 2015