Alexis Vocatura
94 Geo. Wash. L. Rev. 987
For many years, federal agencies have deputized state and local law enforcement to serve on federal task forces in limited capacities. This Note addresses a loophole created by the unique legal status of specially deputized officers, whereby they have been able to escape civil liability for breaking the law. Traditionally, private citizens can hold state law enforcement civilly liable under 42 U.S.C. § 1983, but multiple circuits have interpreted § 1983 to exclude specially deputized officers. These courts have held that these officers do not act under color of state law—a requirement of § 1983—when participating in federal task forces. Further, the Bivens action, a judicially created cause of action against federal agents, has been constrained nearly to extinction. As a consequence, victims of specially deputized officers have been unable to recover monetary damages. This Note explores the statutory authority underpinning special deputation and proposes that specially deputized officers do indeed act under color of state law by virtue of their authority originating with the state, meaning § 1983 does apply to them. This Note therefore encourages courts to apply § 1983 to specially deputized officers to ensure that these officers are held accountable for civil rights violations. Finally, this Note proposes an amendment to § 1983 that clarifies that special deputies act under color of state law as a supplemental solution to close this loophole.
