Does a state-prison employee act under color of state law?

MultiRegion, United States of America

The following excerpt is from Roberts v. Deleon, Case No. 1:18-cv-01551-JDP (E.D. Cal. 2019):

All of the named defendants are state-prison employees who, accepting plaintiff's allegations as true, can be inferred to have acted under color of state law. See Paeste v. Gov't of Guam, 798 F.3d 1228, 1238 (9th Cir. 2015) ("[G]enerally, a public employee acts under color of

Page 4

state law while acting in his official capacity or while exercising his responsibilities pursuant to state law." (quoting West v. Atkins, 487 U.S. 42, 50 (1988))). We next consider whether plaintiff alleged sufficient facts to satisfy the causation requirement.

Other Questions


What is the test for whether a state employee is acting under color state law when acting in his official capacity? (MultiRegion, United States of America)
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)
What is a cause of action against a person who acts under color of state law who has violated rights guaranteed by the United States Constitution? (MultiRegion, United States of America)
What is the current state of the law on qualified immunity from civil damages for civil damages in a civil case brought by a former state department employee who was ordered to stop doing her job by mistake? (MultiRegion, United States of America)
Is a party who is not acting under color of state law, or is it a "state action" when they are involved in the management or control of a company that is not governed by the government? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Does the state have any authority to settle and pay civil rights claims against the state or its employees? (MultiRegion, United States of America)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (MultiRegion, United States of America)
Can an employer refuse to reemploy an employee on the basis that another employee was hired to fill the position during the employee's absence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.