In what circumstances can a private defendant be found liable under Section 1983 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
The following excerpt is from Pinsky v. Duncan, 79 F.3d 306 (2nd Cir. 1996):
In so holding, however, we do not foreclose the possibility that private defendants faced with 1983 liability under Lugar v. Edmondson Oil Co., ... could be entitled to an affirmative defense based on good faith and/or probable cause or that 1983 suits against private, rather than governmental, parties could require plaintiffs to carry additional burdens. Because those issues are not fairly before us, however, we leave them for another day.
Id. at 168-69, 112 S.Ct. at 1834.
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