In order to win a Section 1983 lawsuit against a police officer,the plaintiff must prove that the officer was acting under color of state law when he engaged in the behavior that is the subject of the suit.

Question

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Section 1983 only applies to actions taken under color of state law, so the plaintiff must prove that the officer was acting in an official capacity at the time of the alleged misconduct.

In Order to Win a Section 1983 Lawsuit Against a Police