Martha Roe v. Jack Humke

WOLLMAN, Circuit Judge.

Martha Roe, suing individually and as the mother and guardian of Jane Doe, appeals from the district court’s2 adverse grant of summary judgment in her 42 U.S.C. § 1983 action. The sole issue on appeal is whether defendant Jack Humke was acting under col- or of state law at the time he sexually assaulted Jane Doe. We conclude that he was not, and thus we affirm.

Because this is an appeal from the grant of summary judgment, we review the evidence in the light most favorable to Roe, the nonmoving party. See McCormack v. Citibank, N.A., 100 F.3d 532, 534 (8th Cir. 1996). At…