When is a governmental employee acting ‘under color of law’?
Officials act under "color of law" when they are either actually carrying out their official duties or they act in a manner which makes it seem as if they are. For instance, a police officer arresting someone while on duty is clearly acting "under color of law." In addition, an off-duty police officer showing his or her badge is most likely acting under color of law. Some actions taken by private institutions that are doing work for the government (such as a university performing a government contract) may also be considered to be "under color of law."
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