In the below scenario is the off duty officer acting under the color of law or not acting under the color of law?

Andy Adams consults your office and relates the following facts.

Early one morning, he went to the Dew Drop Inn to relax. He consumed several beers. Off-duty police officer Jon Jones was also at the bar drinking. When Adams was given his tab, he disputed the amount with the bartender. He became loud and argumentative. The bouncer asked Adams to leave. Adams became belligerent and called the bartender names. Adams never physically threatened thebartender. In response, Officer Jones told Adams to quiet down. Adams told Jones, "mind your own business." Jones then approached Adams, coming within several inches of Adams and facing him. Jones pulled out his badge and momentarily stuck it in Adams' face, identifying himself as a police officer and told Adams to leave. Jones then tried to pull Adams away from thebarand Adams struck him in the face. Jones became enraged, drew his service weapon, and shot Adams. Adams was seriously injured.

Adams has approached your office about bringing a civil action pursuant to 42 U.S.C. 1983 against Jones and his police department.