203299P.pdf   07/14/2022  Ifrah Yassin  v.  Heather Weyker
   U.S. Court of Appeals Case No:  20-3299
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Stras, Author, with Loken and Shepherd, Circuit Judges] 
   Civil case - Civil rights. For related litigation, see Ahmed v. Weyker, 
   984 F.3d 564 (8th Cir. 2020) and Farah v. Weyker, 926 F.3d 492 (8th Cir. 
   2019). The court determined in Ahmed that the claim for wrongful arrest is 
   a Section 1983 action and not a Bivens action; in order to state a Section 
   1983 claim, plaintiff must show that defendant was acting under color of 
   state law; whether defendant was acting under color of law is a question 
   of law determination and can be resolved in a motion for summary judgment; 
   here the district court properly granted defendant summary judgment 
   because there was no actual or purported relationship between her conduct 
   and her duties as a St. Paul police officer, and no Section 1983 action is 
   available; the district court did not abuse its discretion by denying 
   plaintiff's request for a continuance to conduct further discovery.