State Action Doctrine

Question 1

Basic Principals

Answer 1

Constitution only applies to States (14th amendment) & gov’t actors; essential function of constitution is to protect citizenry from oppressive gov’t

• -Not designed to regulate individual behavior
• -Main question: Can the action be fairly attributed to the state?

Question 2

Civil Rights Cases

Answer 2

series of cases in which congress was trying to regulate individual behavior that it didn’t have the power to control

• Couldn’t regulate individuals from discriminating against one another (this is a state legislative function)
• fit in bc the 13th amendment does allow for regulation of individual behavior; exclusivity in application to slavery

Question 3

3 Major Exceptions to State Action Doc

Answer 3

Public Function
Judicial Enforcement
Joint Participation

Question 4

Public Function Exception

Answer 4

What: : private action in area traditionally performed by gov’t may constitute state action. Allows fed. Gov’t jurisdiction under 14th
Cases:
(1) Marsh v. AL (Jehovah’s witness in company town)
(2) Hudgens v. NLRB: (weak-mall protestors):

Question 5

Marsh v. AL

Answer 5

(Jehovah’s witness in company town)

a. Couldn’t distinguish when no longer in municipality and on private company town.
i. Town had its own sewers, streets, postal, fake cops.
b. Test: plaintiff expected to have constitutional protection
i. Would expect your rights to apply
ii. Additionally was held in AL jails
iii. “Many people in the U.S. live in company-owned towns; those people are still free citizens of their state and country”
iv. You can’t allow private entities to usurp democratic freedoms. It was not obvious that her 1st amendment right was not protected.

Question 6

Hudgens v. NLRB

Answer 6

(weak mall protestors)- left a couple of times and were in from of mall parking lot and also inside gate in front of store
not a public function; you know when you’re on private property
a. NOTES Cases
i. Logan Valley: public function applied bc was accessible to public
ii. LLyod Corp: no public function exception; overturned Logan valley.

Question 7

Judicial Enforcement Doctrine

Answer 7

Court’s enforcement of a private action may constitute state action
Cases:
(1) Shelly v. Kraemer (restrictive-race covenant in STL)
(2) Endmonds v. Peremptory Concrete (black jurors removed before trial)

Question 8

Shelly V. Kraemer

Answer 8

(restrictive-race covenant in STL): judge enforcing covenant resulted in discrimination. Seller themselves not discriminatory but neighborhood association sought judicial intervention.

a. “use of full coercive power of the state”
b. test: would the alleged constitutional violated have resulted without the court’s help
c. no real workable limits to this precedent- be careful

Question 9

Edmonds v. Peremptory Concrete

Answer 9

(removal of black jurors)
Watts didn’t really go over it.
a. Protesting the removal of all black jurors
b. They only get away with it bc courts let them do it

Question 10

Joint Participation Doctrine

Answer 10

Private parties acting in concert with state actors fall under doctrine.
Test: 1.Lugar v. Edminson Oil Test
a. Deprivation caused by the exercise of a right or privilege created by state AND
b. Party charged with deprivation must be fairly said to be a state actor
Cases:
(1): Burton v. Wilmington Parking authority: (coffee shop in public parking lot discriminating)
(2): NCAA v. Tarkanian: NCAA mandated sanctions against UNLV to fire Tarkanian.

Question 11

Burton v. Wilmington Parking Authority

Answer 11

(coffee shop in public parking lot discriminating)

a. Mutually beneficial relationship-> income stemmed from discriminatory practice and parking authority needed shop for income. Discrimination economically benefitted parking authority subsequently
b. Nail in the coffin: restaurant got tax-exempt status

Question 12

NCAA v. Tarkanian

Answer 12

NCAA mandated sanctions against UNLV to fire Tarkanian. Used joint part. To claim due process violations
a. Opposing goals: UNLV didn’t want to fire coach
b. No joint participation or mutual benefit.
c. NCAA wholly private and not state actor
Mirror image: in past cases it was private entities acting that bring suit…. Here the principal actor is the public entity… wanted to attribute the private action to the state.
1.Here you need to attribute the state action to the private entity
2.clearly UNLV is a state actor; they wanted to attribute state action to wholly private entities