Acting Under Color of Law

In the present case, there is no dispute that the Selectmen and their agents acted under color of state law concerning motorist’s deprivations.  See Monroe v. Pape.  In order to establish a substantive due process claim, someone must also show that the deprivation of a protected right was caused by government conduct.  See, Rivera v. Rhode Island.  Here, “[t]his is easily met when the government actor causes the injury, such as when police officers act under color of law.”  Id.