Federal District Court Alleging First Amendment Violations...

I was recently asked to provide some prospective on a lawsuit that was filed in federal district court alleging first amendment violations against the former Sheriff of El Paso County, Terry Maketa, former Undersheriff, Paula Presley, as well as, the El Paso County Board of County Commissioners. It brings up a lot of interesting legal issues regarding federal civil rights complaints that I think are important to discuss. The Law the Action is Brought Under The lawsuit is brought under 42 U.S.C.  § 1983. Section 1983, or civil actions for deprivation of rights, is an amended version of the Civil Rights Act of 1871. The statute provides that: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law†¦Ã¢â‚¬  Thus, the two main requirements for a  § 1983 claim are (1) â€Å"state actors† and (2) â€Å"acting under the color of law.† â€Å"Color of law† has been defined by the United States Supreme Court as the [m]isuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law. U.S. v. Classic, 313 U.S. 299, 326 (1941). So, if Maketa and Preseley are the state actors, why