Did the Government do something for you to sue about? State Action Flashcards
(13 cards)
What does the 14th Amendment say regarding state action?
“No State shall make or enforce any law … nor shall any State deprive any person … nor deny to any person …”
What is the two-part test for State Action from Lugar v. Edmondson Oil?
(1) Deprivation must come from a state-created right or privilege.
(2) Under totality of the circumstances, it must be fair to label the party as a state actor.
When is a function considered an Exclusive & Traditional State Function (SA)?
Civil Rights Cases: Primary elections are governmental functions.
Marsh v. Alabama: Privately-owned “Company Town” running like a government town is SA.
When does delegating or contracting out a government obligation create SA?
West v. Atkins: Private doctor for state inmates = SA.
Richardson v. McKnight: Private prison guards caring for state inmates = SA.
Examples of NOT State Action for government obligations?
Black v. Indiana: Private bus driver molesting students ≠ SA.
Yeager v. MacGregor: Volunteer Fire Department ≠ SA.
Is heavy state regulation enough for State Action?
No, authorization alone is not enough unless the state directs the specific action.
Examples:
Flagg Bros., Blun v. Yaretsky, Rendell-Baker, Moose Lodge, Jackson v. Metropolitan Edison.
When does State Official Participation make someone a State Actor?
Soldal v. Cook Co.: Sheriffs helping creditors = SA.
Shelley v. Kraemer: Court enforcement of private discrimination = SA.
Edmonson v. Leesville Concrete: Courts enforcing racially motivated juror strikes = SA.
Is an off-duty officer always a State Actor?
No, but if they exercise official authority (badge, weapon, arrest) they are SA.
Examples:
Rivera v. LaPorte: Flashed badge = SA.
Tarpley: Assault w/ service weapon = SA.
Are Public Defenders considered State Actors?
Polk County v. Dodson: Public defenders are NOT SA because they exercise independent judgment and are adversaries to the state.
What is the “Entwinement” theory for State Action?
Brentwood Academy v. TSSAA: Heavy entwinement with public institutions can make a private entity a State Actor.
What is a Symbiotic Relationship/Joint Venture for SA?
Burton v. Wilmington Parking: City parking garage and restaurant that discriminated were in a symbiotic relationship = SA.
How does Conspiracy or Encouragement create State Action?
Adickes v. Kress, Dennis v. Sparks, Tower v. Glover: Conspiracy between state officials and private actors = SA.
Example where cooperation with the state did NOT create State Action?
White v. Scrivner Corp.: Independent police investigation after security guard complaint ≠ SA.
