and relatives. If Cochran had no authority over Smith, she could have acted on her own free will without having to be sexually molested in order to violate the regulations promulgated by the Department of Corrections. Although the precise amount of actual authority, as exercised by Cochran over Smith, is neither admitted nor present in the record, it is of no crucial relevance. The power possessed by state authority can either be actual or apparent authority. The Tenth Circuit has held that the color of law test is one where the defendant’s actual or apparent authority is combined with a “real nexus” between the conduct and his ‘‘badge of state authority.” David v. City and County of Denver, 101 F.3d 1344, 1353 (10th Cir.1996), see Jojola v. Chavez, 55 F.3d 488, 492-93 (10th Cir.1995) (<HOLDING>), see also Lugar, 457 U.S. at 937, 102 S.Ct.
holding apparent authority can never be derived from the acts of the agent alone but is to be determined by indicia of authority given by the principal holding that  1983 claims may be joined with an administrative review holding that authority with which the  1983 defendant is clothed may be actual or apparent holding that a broker may be a statutory agent for an insurance company pursuant to section 626842 florida statutes 1989 or be clothed with actual or apparent authority so that the brokers acts may be binding on the insurance company holding state is not a proper defendant under  1983