Albert is an off-duty Atlanta police officer who decided to go for a walk in the park
Question:
Albert is an off-duty Atlanta police officer who decided to go for a walk in the park with his new girlfriend. While there, they noticed what appeared to be a domestic argument between a young man and a young woman. From a distance, Albert observed what he believed to be the young man striking the young woman in the face with a closed fist. After approaching the couple the man immediately became hostile and attacked Albert violently. Identifying himself as an off-duty police officer, Albert subdued the man, during which the man's arm was broken. Albert called the police and the man was arrested.
The man has brought a claim against the Atlanta Police Department for violation of his civil rights.
Answer the following questions:
- Fully discuss the man's right to bring such a claim under § 1983.
- What defenses might the Police Department present in response to his claim?
- What is the concept of acting under "color of law" and how might it be relevant in this scenario?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts