Rogers v. DeJoseph

1 Citing case

  1. Munoz-Feliciano v. Monroe-Woodbury Cent. Sch. Dist.

    No. 13-CV-4340 (CS) (S.D.N.Y. Mar. 25, 2015)   Cited 8 times

    It is impossible, based on the face of the documents or otherwise, to infer that these emails had their source in public funds or resources. See Rogers v. DeJoseph, 537 F. Supp. 2d 327, 330-31 (D. Conn. 2008) (defendant not acting under color of state law where he did not invoke power of his office or the state in any way in order to engage in complained-of conduct). Accordingly, Plaintiff has failed to allege, and the emails themselves belie, that Trumper was "clothed with the authority" of the state and thus acting under color of state law when she sent the emails.