State Action

Question 1

State Action General Idea

Answer 1

is there government action (state action) involved in this case?

Question 2

3 tests

Answer 2

1. Coercion
2. Inextricable Entanglement
3. Public Function Exception

Question 3

Coercion

Answer 3

Encouragement from the state

Question 4

Inextricable Entanglement

Answer 4

government party and private party are so entwined it is difficult to separate

Question 5

Public Function Exception

Answer 5

if a private actor is carrying out a function that is traditionally/exclusively something that the state has done or that is reserved for the state, then he is a public actor

Question 6

government funding/regulation alone

Answer 6

government funding/government regulation alone does not make someone/something a state actor

Question 7

Private Entity

Answer 7

• Private entity may qualify as a state actor when it exercises powers traditionally & exclusively reserved to the state
• state action may be found if there is such a close nexus between the state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself

Question 8

Factors of state action

Answer 8

• heavily regulated
• government funding
• government granted monopoly
• licensing