James King v. Douglas Brownback, et al.
SocialSecurity
Does a law enforcement officer's membership in a joint state-federal police task force managed, in part, by a federal agency preclude him or her from acting 'under color of state law' for purposes of Section 1983?
QUESTION PRESENTED The use of joint state-federal police task forces has expanded nationwide and along with it the related practice of federally deputizing state law enforcement officers as task force members. Although this Court has explained that a federal law enforcement officer can act “under color of state law” for purposes of liability under 42 U.S.C. 1983, there is a split of authority among the circuit courts regarding whether a law enforcement officer’s membership in a task force renders his or her actions “under color of federal law” and provides per se immunity from liability under Section 1983. Does a law enforcement officer’s membership in a joint state-federal police task force managed, in part, by a federal agency preclude him or her from acting “under color of state law” for purposes of Section 1983?