Cite as: 504 U. S. 158 (1992)
Opinion of the Court
800, and Mitchell v. Forsyth, 472 U. S. 511. Moreover, the policy concerns mandating qualified immunity for officials in such cases—the need to preserve the officials' ability to perform their discretionary functions and to ensure that talented candidates not be deterred by the threat of damages suits from entering public service—are not applicable to private parties. Although it may be that private defendants faced with § 1983 liability under Lugar, supra, could be entitled to an affirmative good faith defense, or that § 1983 suits against private, rather than governmental, parties could require plaintiffs to carry additional burdens, those issues are neither before the Court nor decided here. Pp. 163-169. 2. On remand, it must be determined, at least, whether respondents, in invoking the replevin statute, acted under color of state law within the meaning of Lugar, supra. P. 169. 928 F. 2d 718, reversed and remanded.
O'Connor, J., delivered the opinion of the Court, in which White, Blackmun, Stevens, Scalia, and Kennedy, JJ., joined. Kennedy, J., filed a concurring opinion, in which Scalia, J., joined, post, p. 169. Rehnquist, C. J., filed a dissenting opinion, in which Souter and Thomas, JJ., joined, post, p. 175.
Jim Waide argued the cause for petitioner. With him on the briefs were Douglas M. Magee and Alan B. Morrison.
Joseph Leray McNamara argued the cause and filed a brief for respondents.
Justice O'Connor delivered the opinion of the Court. In Lugar v. Edmondson Oil Co., 457 U. S. 922 (1982), we left open the question whether private defendants charged with 42 U. S. C. § 1983 liability for invoking state replevin, garnishment, and attachment statutes later declared unconstitutional are entitled to qualified immunity from suit. 457 U. S., at 942, n. 23. We now hold that they are not.
I
This dispute arises out of a soured cattle partnership. In July 1986, respondent Bill Cole sought to dissolve his partnership with petitioner Howard Wyatt. When no agreement could be reached, Cole, with the assistance of an
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