To sustain a S 1983 civil rights action, a plaintiff must show "(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that [such] conduct deprived the plaintiff of a federal constitutional or statutory right."
2
Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir. 1989), cert. denied,
498 U.S. 938
(1990). Here, it is undisputed that defendants were acting under color of state law. At issue here is whether Officer Smith, the Sacramento County Sheriff's Department, or Sacramento County engaged in conduct that deprived Lewis of a federally protected right.
The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver,
510 U.S. 266
, 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor,
490 U.S. 386, 395
(1989))
