## Facts

- Lula Brawner, a Black woman in Elberton, Georgia, alleged that W. H. Irvin, the city’s chief of police, called her from her home on June 20, 1908.
- She alleged Irvin arrested her in her yard and maliciously whipped and beat her in public, causing physical injury, pain, and humiliation.
- Irvin allegedly accused her of striking a relative’s child; Brawner denied the accusation and alleged it was false.
- After the alleged assault, Irvin allegedly jailed her in the city prison for about two hours and then released her without charges or bond.
- Brawner alleged Irvin had authority as chief of police to arrest and detain persons and that he acted under color of his official authority.
- She further alleged she was subjected to a punishment different from that prescribed for other citizens because of her race, and that local state authorities declined to prosecute Irvin.
- Brawner sought $5,000 in damages under the federal Civil Rights Act (the predecessor of 42 U.S.C. § 1983).

## Issues

1. Whether the allegations that the chief of police abused his arrest and detention powers sufficiently pleaded action “under color of” state or local authority under the federal civil-rights statute.
2. Whether a federal damages action lies against a local officer who, while purporting to act as an officer, allegedly imposed racially discriminatory, extra-legal punishment and detention.

## Decision

- The court overruled Irvin’s demurrer.
- The court held the declaration sufficiently alleged that Irvin acted under color of his authority as chief of police.
- The court permitted the federal civil-rights damages action to proceed.

## Legal Principles

- Misuse of power possessed by virtue of public office can constitute action taken “under color of” law even if the specific conduct is unauthorized.
- A complaint states a civil-rights claim when it alleges that an officer, while acting with the apparent authority of his office, deprived a person of federally secured rights through unlawful force or detention.
- Allegations of racially discriminatory punishment by an officer acting under color of authority can support a federal claim for deprivation of equal protection.
- Damages, including punitive damages, may be sought for alleged civil-rights violations at the pleading stage when the complaint adequately alleges an official abuse of authority.

## Conclusion

The court allowed Brawner’s suit to go forward because her complaint plausibly alleged that the police chief, acting under color of his office, inflicted unlawful and racially discriminatory punishment and detention, thereby stating a federal civil-rights claim for damages.


Brawner v. Irvin, 169 F. 964 (C.C.N.D. Ga. 1909)