State Action v. Private Action

Question 1

State Action Requirement

Answer 1

Constitutional rights can only be violated by governmental action, not by private actors

Plaintiff has the burden to show (In order to show a constitutional violation either by the state or federal governments)

Question 2

Exception to state action requirement:

Answer 2

1. Public Function Theory
2. Significant State Involvement Theory
3. Insignificant state involvement

Question 3

What is the Public Function Theory?

Answer 3

State action can be found in the actions of a privator when:

the private actor is performing a function is one that is traditionally and exclusively performed by the gov’t

Question 4

What is the Significant State Involvement Theory?

Answer 4

State action can be found in the actions of a privator when:

the private action is closely encouraged and supported by the state

Question 5

What is insignificant state involvement?

Answer 5

• 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