James Brown v. Marc Linder

Summary

The Eighth Circuit affirmed dismissal of a §1983 First Amendment retaliation claim against a public university law professor who criticized a urologist's expert testimony. The court held that identifying oneself as a state employee and acting within the scope of employment does not alone establish "under color of state law"—the plaintiff must plausibly allege the defendant exercised power possessed by virtue of state law or that the conduct was made possible only by state authority. Because the professor's criticisms were akin to private commentary rather than an exercise of official duties or state-controlled functions, the complaint failed to state a claim.

Holdings

1. A state employee who merely identifies himself as such and acts within the scope of his employment does not necessarily act under color of state law; the conduct must involve an exercise of power possessed by virtue of state law and made possible only because the actor is clothed with the authority of state law.

Questions Presented

1. Whether the complaint plausibly alleged that Linder acted under color of state law for a First Amendment retaliation claim under 42 U.S.C. § 1983.

Disposition

affirmed