Opinion

Sandra C. Parker v. Rodney Boyer

  • 93 F.3d 445
  • 1996 WL 465092
Court
Court of Appeals for the Eighth Circuit
Filed
Aug 16, 1996
Status
Published
Author
Arnold
On the bench
Arnold, Morris, Richard, Rosenbaum, Sheppard
Cited by
1 cases
Authority
More cited than 12.0%

The opinion

RICHARD S. ARNOLD, Chief Judge,

concurring in part and dissenting in part.

I join all but part III of the Court’s opinion. With respect to the issue decided in *449 that portion of the opinion, having to do with whether KSDK’s employees were state actors for purposes of 42 U.S.C. § 1983 , I respectfully dissent. In my view, the news crew acted in concert with the police in entering the Parkers’ home. They were “ ‘willful participants[s] in joint activity with the State or its agents....’” Adickes v. S.H. Kress & Go., 398 U.S. 144, 152 , 90 S.Ct. 1598, 1605 , 26 L.Ed.2d 142 (1970), quoting United States v. Price, 383 U.S. 787, 794 , 86 S.Ct. 1152, 1156-57 , 16 L.Ed.2d 267 (1966). The news crew came to the location with the police and could not have entered if the police had not done so first. They did not simply happen along the street at the time that a search was being conducted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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