KELLER v. DISTRICT OF COLUMBIA

Civ. A. No. 92-767-A.

809 F.Supp. 432 (1993)

John Joseph KELLER, Plaintiff, v. DISTRICT OF COLUMBIA, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

January 6, 1993.


Attorney(s) appearing for the Case

Earl P. Zack, Jr., Alexandria, VA, for plaintiff.

E. Louise R. Phillips, Asst. Corp. Counsel, Eleanor Louise Rhodes Phillips, Washington, DC, for District of Columbia.

Mitchell B. Weitzman, Robert E. Deso, Jr., Deso, Thomas & Rost P.C., Washington, DC, for Sheldon Hargrove.


MEMORANDUM OPINION

ELLIS, District Judge.

This § 1983 action presents the threshold question whether police officers from one jurisdiction act "under color of" state law when they use the badges and instruments of their offices to arrest a citizen in another jurisdiction. Two of the defendants, both District of Columbia police officers, have moved to dismiss the complaint, arguing that § 1983 does not apply to their arrest of the plaintiff because...

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