Adickes v. S. H. Kress & Co.

Petitioner contends that in 1964 respondent, while acting “under color of . . . statute” or “under color of . . . custom, or usage” of the State of Mississippi, subjected her to the deprivation of her right under the Equal Protection Clause of the Fourteenth Amendment not to be denied service in respondent’s restaurant due to racial discrimination in which the State of Mississippi was involved, and that therefore respondent is liable to her in damages under 42 U. S. C. § 1983. To recover under § 1983 petitioner must prove two separate and independent elements: first, that respondent subjected…