Wilson v. Price’s Empirical Analysis
624 F.3d 389 · 2010
Citation profile
4 federal appellate ·
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985
Relies on Ashcroft v. Iqbal · Monell v. Department of Social Services of City of New York · United States v. Brewster · Tamayo v. Blagojevich · Gibson v. City of Chicago
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Not every action by a state official or employee is to be deemed as occurring ‘under color’ of state law,” Hughes v. Meyer, 880 F.2d 967, 971 (7th Cir.1989); rather, action is taken under color of state law “when it involves a misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law,” Honaker v. Smith, 256 F.3d 477, 484-85 (7th Cir.2001). The mere assertion that one is a state officer does not necessarily mean that one acts under color of state law. Askew v. Bloemker, 548 F.2d 673, 677 (7th Cir.1976). A state officer’s conduct does not constitute acting under color of state law unless it is “related in some way to the performance of the duties of the state office.” Honaker, 256 F.3d at 485 .”
1 later decision quote this exact passage · from the majority“[a]ction taken by a state official who is cloaked with official power and who purports to be acting under color of official right ... is taken under color of state law whether or not the action is in fact in excess of the authority actually delegated to the official.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.