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

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Section 1983 lawsuits require the plaintiff to prove that the defendant, often a police officer, was acting "under color of state law" when the alleged wrongful act occurred, meaning they were using their official powers or position at the time of the incident.

In Order to Win a § 1983 Lawsuit Against a Police