5th Cir. Pattern Jury Instr. (Civil) 10.2

(If the parties stipulate that the action was

under color of law) :

In this case the parties have stipulated [agreed]

that Defendant [name] acted “under color” of state law,

and you must accept that fact as proved.

(If the parties dispute whether the action was

under color of law):

“Under color” of state law means under the pretense

of law. An officer’s acts while performing [his/her] of-

ficial duties are done “under color” of state law whether

those acts are in line with [his/her] authority or

overstep such authority. An officer acts “under color” of

state law even if [he/she] misuses the power [he/she]

possesses by virtue of a state law or because [he/she] is

clothed with the authority of state law. An officer’s acts

that are done in pursuit of purely personal objectives

without using or misusing [his/her] authority granted

by the state are not acts done “under color” of state

law.

1

1Bustos v. Martini Club, Inc. , 599 F .3d 458, 464 (5th Cir. 2010);

Townsend v. Moya , 291 F .3d 859, 861 (5th Cir. 2002).