Wilson v. Price

Dist. Ct. did not err in granting motion by defendants-City alderman and City to dismiss instant section 1983 action alleging that defendants violated plaintiff’s constitutional rights when alderman assaulted plaintiff after plaintiff had refused alderman’s directive to remove illegally parked car in front of plaintiff’s auto repair shop after alderman had received complaints about said cars. Plaintiff failed to allege facts sufficient to establish that alderman was acting under color of law during altercation since alderman had no authority to undertake any sort of enforcement action in response to complaints he had received about illegally parked cars.