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DANG VANG v. VANG XIONG X. TOYED

No. 90-35254.

944 F.2d 476 (1991)

DANG VANG; Yia Moua; Yang Xiong; Maichao Vang, Plaintiffs/Appellees, v. VANG XIONG X. TOYED, individually and in his capacity as Refugee Counselor, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 5, 1991.

Attorney(s) appearing for the Case

Nancy L. Talner, Seattle, Wash., and Carl Maxey, Maxey Law Offices, Spokane, Wash., for defendant/appellant.

Barry E. Ryan, J. Steve Jolley, Spokane, Wash., for plaintiffs/appellees.

Before WRIGHT, BRUNETTI and LEAVY, Circuit Judges.

BRUNETTI, Circuit Judge:

Vang Xiong Toyed ("Xiong") appeals from a judgment entered after a jury verdict against him in a suit pursuant to 42 U.S.C. § 1983 (§ 1983). Plaintiffs, along with their spouses, brought this action against Xiong, a Washington State employee, asserting he raped them during the course of his employment. Appellant argues that the verdict is faulty because there was no evidence he was acting under "color of state law." He also argues...

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