What is the concept of acting under color of law

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Reference no: EM133542419

Assignment:

Title 42 U.S. Code § 1983 is the statutory vehicle for a federal civil suit claim to proceed. Consider the following scenario and then respond to the questions below.

Albert is an off-duty Atlanta police officer who decided to go for a walk in the park with his new girlfriend. While there, they noticed what appeared to be a domestic argument between a young man and a young woman. From a distance, Albert observed what he believed to be the young man striking the young woman in the face with a closed fist. After approaching the couple the man immediately became hostile and attacked Albert violently. Identifying himself as an off-duty police officer, Albert subdued the man, during which the man's arm was broken. Albert called the police and the man was arrested.

The man has brought a claim against the Atlanta Police Department for violation of his civil rights.

Answer the following questions:

Fully discuss the man's right to bring such a claim under § 1983.
What defenses might the Police Department present in response to his claim?
What is the concept of acting under "color of law" and how might it be relevant in this scenario?

Reference no: EM133542419

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