Government Action ("State Action") Flashcards
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
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