United States Sixth Circuit

District court erred in accepting a stipulation that a police officer, who was out socially and was not in uniform, was acting under color of state law, in a 42 U.S.C. section 1983 claim arising out of an assault.

Appellate Information

• Decided 09/12/2002
• Published 09/12/2002

Judges

• Before: KEITH and DAUGHTREY, Circuit Judges;  CARR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• James D. McNamara (argued and briefed), Columbus, OH, Gregory B. Mathews (briefed), Fusco, Mackey, Mathews, Smith & Watkins, Westerville, OH, for Plaintiff-Appellee., Robert L. Washburn, Jr. (argued and briefed), Rory P. Callahan (briefed), Cloppert, Latanick, Sauter & Washburn, Columbus, OH, for Defendants-Appellants.