lawful authority

II. D.

Defendants were under lawful authority to make a crime report. In doing so, they were required to make true and correct statements. While analyzing the color of law requirement under § 1983, the court in Paeste v. Government of Guam, 798 F.3d 1228 (2015) held that, “The relevant inquiry focuses not on whose law is being implemented, but rather on whether the authority of the state was exerted in enforcing the law.” The authority of Defendants is provided for under California Penal Code § 830.1. Therefore, they were acting under the color of state law. Instead of making true and correct statements in regard to Plaintiff’s alleged assault incident, Defendants made false statements amounting to perjury. The false statements were made in a crime report which was to be presented before a court of competent jurisdiction. The effect that the false statements had was the denial of Plaintiff’s due process rights under the Fourteenth Amendment.

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