[don-o]

in order to bring a federal civil rights action, the bad actor must be acting under color of state law.

But, that does not preculde a civil suit at the state level, does it?

[lawdave]

But, that does not preculde a civil suit at the state level, does it?

No it does not. Federal Civil right action would be criminal proceeding in Federal Court. A state civil action would be for negligence/wrongful death brought by the family. Two different cases.