Topic I: State Action Flashcards
(14 cards)
What is the principle in Monroe?
In Monroe, the officers were specifically forbidden from taking a particular act. The court said that this rule strictly saying not to do something is insufficient to count as non-state action.
To determine if there is state action for employees, what two factors are considered?
(1) Nexus
(2) Authority
Which case provides the rule for Nexus?
Rossignol, where the officers bought out a bunch of the newspapers and this was found to be in their official interest.
What are the factors to determine nexus?
[Was there a job related goal?]
(1) Did events at work motivate the action?
(2) Did the action benefit the officer in relation to his job?
Which case provides the rule for authority?
Butler, where the mother confronted her daughters boo with her service weapon and in her uniform.
What are the factors used to determine authority?
(1) did the officer use authority of their office to do what they otherwise could not
(2) was the instrument used generally available to the public
(3) was the place they invoked authority somewhere that it would even apply?
What are the factors used to determine if a non-employee was a state actor?
(1) public function: outsourced obligation
(2) public function: traditional and exclusive authority
What is outsourced obligation?
Reliance on a private person to discharge a state obligation
What does it mean when something is traditional and exclusive authority?
When a private actor performs a function traditionally and exclusively reserved to the state.
What are examples of traditional and exclusive things?
(1) elections
(2) company town
(3) quasi-public park
What are examples of NOT traditional and exclusive things?
(1) utilities
(2) medical care
(3) transportation
(4) education
How do courts determine whether a person is acting under color of state law in the context of policing?
(1) Are they functionally similar to police officers?
(2) Do they have almost the same powers as a normal officer?
Which case discusses police powers in the traditional/exclusive authority context?
Romanski: The security guard in this case had arrest authority, was licensed by Michigan State Department of Justice, and was on duty all the time.
What is considered a quintessential police duty?
The ability to arrest.
