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4 PJI 4.1 | SECTION 1983 – ACTION UNDER COLOR OF STATE LAW IS NOT IN DISPUTE

Version A (government official):

Because [defendant] was an official of [the state of ____] [the county of ____] [the city of ____] at the relevant time, I instruct you that [he/she] was acting under color of state law. In other words, this element of [plaintiff’s] claim is not in dispute, and you must find that this element has been established.

Version B (private individual):

Although [defendant] is a private individual and not a state official, I instruct you that the relationship between [defendant] and the state was sufficiently close that [he/she] was acting under color of state law. In other words, this element of [plaintiff’s] claim is not in dispute, and you must find that this element has been established.


(Last Updated July 2019)