$3$ tries left

Late one night, while off$-$duty, Officer Smith runs a red light and crashes into your car. You are seriously injured. You learn that he was intoxicated and decide to sue him. You attempt to file a Section $1983$ lawsuit but are told this is not possible. Why is a Section $1983$ lawsuit not applicable in this case?

A$.$ Because Officer Smith has sovereign immunity in this situation

B$.$ Because Officer Smith was not$-$acting under color of law at the time of the accident

C$.$ Because a Bivens action is more appropriate in this case

D$.$ By voluntarily choosing to drive late at night when other drivers are more likely to have been drinking, you assumed some risk of injury and Officer Smith is not liable