State Action

Question 1

State Action Doctrine

Answer 1

Under the state-action doctrine, private action is treated as government action when:

(1) the private actor performs a traditional and exclusive government function OR
(2) the government is significantly involved in the private actor’s activities.

Question 2

State-action Doctrine Chart

Answer 2

Traditional government function

• Private actor performs traditional & exclusive government function (eg, running elections)

Significant government involvement

• Government & private actor have mutually beneficial relationship (eg, joint activity or venture)
• Government creates nexus by affirmatively facilitating or authorizing private action (eg, police officer acting under color of law)
• Government is pervasively intertwined in private entity’s management or control