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MENTAVLOS v. ANDERSON

No. 00-1331.

249 F.3d 301 (2001)

Jeanie MENTAVLOS, Plaintiff-Appellant, v. John Justice ANDERSON; James Saleeby, Defendants-Appellees, The Citadel, The Military College of South Carolina, Defendant-Amicus Curiae, and The Board of Visitors of the Citadel, The Military College of South Carolina; Richard Ellis, Captain; Nicholas Belcher; Eric Amhaus; Edward Bohm, Defendants, and United States of America, Intervenor-Plaintiff.

United States Court of Appeals, Fourth Circuit.

Decided May 7, 2001.

Attorney(s) appearing for the Case

ARGUED: Leon Friedman, New York, NY, for Appellant. Sandra Jane Senn, Sandra J. Senn, P.A., Charleston, SC, for Appellees. Wendy Raina Johnson Keefer, Barnwell, Whaley, Patterson & Helms, L.L.C., Charleston, SC, for Amicus Curiae. ON BRIEF: Richard A. Harpootlian, Robert G. Rikard, Richard A. Harpootlian, P.A., Columbia, SC, for Appellant. Stephanie P. McDonald, Sandra J. Senn, P.A., Charleston, SC, for Appellees. M. Dawes Cooke, Jr., Barnwell, Whaley, Patterson & Helms, L.L.C., Charleston, SC, for Amicus Curiae.

Before WILLIAMS and TRAXLER, Circuit Judges, and RAYMOND A. JACKSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge Traxler wrote the opinion, in which Judge Williams and Judge Jackson joined.

OPINION

TRAXLER, Circuit Judge:

Today we consider the novel question of whether two male cadets at The Citadel, a state-supported and formerly all-male military college located in Charleston, South Carolina, acted "under color of" state law, within the meaning of 42 U.S.C.A. § 1983 (West Supp.2000), when they allegedly engaged in...

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