State action Flashcards
State action
Prerequisite to triggering constitutional protections
A. Traditional governmental function
• Private person carries on activities traditionally performed exclusively by the state
B. Significant state involvement
• Sufficient mutual contacts between conduct of a private party and government such that the government is pervasively entwined with the entity, and
• State must act affirmatively to facilitate, encourage, or authorize the activity (licensing or regulation of private party not enough), or
• State creates a private entity by special law for governmental objectives and retains permanent control of the entity
C. Insignificant state involvement
• Business that government substantially regulates to which it grants a monopoly (e.g., utility company)
• Nursing homes that accept Medicaid
• Schools receiving government funds but operated by private corporation
