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Wilson v. Price, 09-2904

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By FindLaw Staff on October 04, 2010 6:10 PM

Wilson v. Price, 09-2904, concerned a challenge to the district court's dismissal of a complaint, in plaintiffs' suit against a city and an alderman raising claims under 42 U.S.C. sections 1983 and 1985, as well as state law claims for loss of consortium and battery.  In affirming the dismissal, the court held that, although the alderman's actions were reprehensible, they were not made under color of state law, and thus, cannot serve as the basis for section 1983 liability.

 

As the court wrote: "...Price's demand that Wilson remove the cars illegally parked in front of Midnight Auto (and, obviously his use of force against Wilson when Wilson refused) does not constitute part of an alderman's regular duties whether those duties are legislative or otherwise necessary for legislation.  As such, it is not a basis on which we can find Price to be acting under color of state law."

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