Background
Plaintiff Wyoma Martinez sued the City of Aurora and Officer Douglas Harroun under 42 U.S.C. Section 1983 after Harroun, who was on administrative leave, attacked her. The City moved to dismiss, arguing Harroun lacked actual authority to act under color of law due to his leave status. The district court denied the motion, relying on pre-Lindke factors that included apparent authority.
The court’s reasoning
The Court held that under Lindke v. Freed, a plaintiff must show the official had actual authority to speak or act on behalf of the State. Because Officer Harroun was on administrative leave and explicitly ordered not to act as a sworn officer, he lacked actual authority. The Court rejected the argument that apparent authority or the victim’s perception could satisfy the state-action requirement.
What it means going forward
Municipalities may avoid liability for off-duty or suspended officers who act without actual authority, even if they appear to be acting in an official capacity.