[DiogenesLamp]

Yeah, it’s called color of law. He is no longer a police officer; thus he cannot act under color of law anymore.

Yeah, I don't buy that assertion. He was under color of law as a civilian doing what he did, and he was doubly so as a retired cop.

I've read excellent legal analysis of this case over at "Legal Insurrection" and it is clear to me the judge erred in both his interpretation of the law, and in his instructions to the jury.

Their conviction was a clear miscarriage of justice to anyone not blinded by the racial aspects of this case and the baying of the mob for their blood.

[ought-six]

“He was under color of law as a civilian doing what he did, and he was doubly so as a retired cop.”

Yeah? Then why didn’t the police department or its insurer defend him? Both the insurer and the department have a very high duty to defend, and neither did. The insurer didn’t even defend under a reservation of rights, which would be the right thing to do if there was even the remotest chance the guy was acting under color of law. But he wasn’t