Government Action ("State Action") Flashcards

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1
Q

government action

A

P must show that a violation is attributable to govt action which applies to all levels of local, state, and fed govt
- the conduct of private actors is NOT protected by US constitution

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2
Q

government action exceptions

A

courts will find govt action of a private actor when:
1. it’s a traditional public function (powers traditionally AND exclusively reserved to govt), OR
2. significant govt involvement exists to authorize, encourage, or facilitate private unconstitutional conduct

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