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APPELLATE LAW: Second Circuit Court of Appeals holds that volunteer was not acting under color of law

APPELLATE LAW: Second Circuit Court Of Appeals Holds That Volunteer Was Not Acting Under Color Of Law

Allegations that a municipal volunteer engaged in sexual abuse and that the victims did not resist because the volunteer used his implicit power as a volunteer supervisor were held to be insufficient to establish that the volunteer acted under color of law for a civil rights claim.  Affirming for the reasons set forth by the District Court, the court holds that overt acts asserting official authority are required and that none were established in order to avoid summary judgment.

Doe v. Waraksa, 2014 WL 1189853 (2d. Cir.)

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