State Actions

Question 1

What is the state-action requirement?

Answer 1

The P must show that there is governmental action

Question 2

What are exceptions to state action requirement?

Answer 2

1. Public function theory
2. Significant state involvement theory
3. 13th A

Question 3

What is public function theory?

Answer 3

Where a private entity is carrying on activities traditionally performed by the government, the private entity is acting as a state and is considered government action

Question 4

What is significant-state-involvement theory?

Answer 4

Where a private party’s action is closely encouraged and supported by the state, the private party’s action can be treated as an action by the government

Question 5

What is the 13th A exception to state-action requirement

Answer 5

The 13th A doesn’t require state action at all and protects against actions of private individuals regarding slavery.