What is the test for determining when a police officer, although not on duty, has acted under color of state law?

Our circuit has developed a three-part test for determining when a police officer, although not on duty, has acted under color of state law. The officer must have: (1) acted or pretended to act in the performance of his official duties; (2) invoked his status as a law enforcement officer with the purpose and effect of influencing the behavior of others; and (3) engaged in conduct that "related in some meaningful way either to the officers governmental status or to the performance of his duties." Anderson v. Warner , 451 F.3d 1063, 106869 (9th Cir. 2006) (internal quotation marks omitted).