State Action Requirement

Question 1

Does the constitution protect against wrongful conduct committed by private actors?

Answer 1

No, the constitution protects against the wrongful conduct of the government.

Question 2

What is required to trigger an individual’s constitutional protection?

Answer 2

State action

Question 3

In what two circumstances does state action exist against private actors?

Answer 3

1) If a private actor carries on activities that are traditionally performed exclusively by the state; OR
2) There are sufficient mutual contacts between the conduct of a private party and the government (this is a question of degree of state involvement).