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09-2904 Wilson v. Price

By: WISCONSIN LAW JOURNAL STAFF//October 4, 2010//

09-2904 Wilson v. Price

By: WISCONSIN LAW JOURNAL STAFF//October 4, 2010//

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Constitutional Law
Civil rights; color of state law

Even though an alderman beat a private citizen, he did not do so under color of state law, and he cannot be sued under Section 1983.

“Even drawing all reasonable inferences in Wilson’s favor, the complaint’s allegations do not demonstrate that any aspect of Price’s conduct on May 2, 2008 related to his legislative duties, which include both the statutorily authorized enactment of legislation and the activities ‘related in some way’ to the performance of the legislative function. Honaker, 256 F.3d at 485. At oral argument, defense counsel conceded that an alderman may be acting under color of state law when he performs actions within the powers granted to him or that he practices under common law, including legislative investigation. Under that framework, we find that Price was well within his aldermanic authority when he initially called the City to request that another department move the cars about which Price’s constituents had complained. Further, because we understand his role as legislator to entitle him to perform the secondary activities necessary for the fulfillment of that function, we also find that Price would have been entitled to go to Midnight Auto for the purpose of investigation (i.e., getting the vehicle tag numbers, inquiring about why the cars are parked there), and perhaps this was Price’s initial intent. But, even assuming that he was at Midnight Auto in a capacity legitimately related to his role as legislator, it is indisputable that Price crossed that line and entered the realm of law enforcement- which is wholly unrelated to the duties of a legislator- the moment he demanded that Wilson move the cars. The plaintiffs concede as much in their brief, stating that Price ‘was stepping in the shoes for the Harvey Police [when he] proceeded to attempt to enforce certain City of Harvey parking requirements.’ Price’s presence at Midnight Auto may have been related to his aldermanic duties in that he was responding to constituent complaints, but even Price does not dispute that his authority to act was limited to enacting legislation in response to those complaints. It is clear that taking such executive action was outside the scope of Price’s aldermanic grant of authority.”

Affirmed.

09-2904 Wilson v. Price

Appeal from the United States District Court for the Northern District of Illinois, Hibbler, J., Williams, J.

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