state_actionflow - NB state action technically satisfied...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
THE STATE ACTION DOCTRINE Decreasing significance of state involvement Decreasing likelihood of finding state action Does the state authorize the action? Consider the private party's own const'l interests Is the private party merely regulated, enabled, or funded by the state? Both required Prof. Manheim Constitutional Law II Fall, 2006 Sovereign Function Strand Start here Examine the particular action which caused the constitutional injury Does the state merely enforce a neutral policy Is state a neces- sary facilitator of private action Does the state benefit from the action? Does the state compel the action? Private party is the proximate cause of injury State is the proximate cause of const'l injury State and private party act together to cause injury Is the private party exercising power delegated by the state? Is the function traditionally exclusively reserved to the State? Is there a symbiotic relationship between the private party and the state?
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: NB: state action technically satisfied. The real question is one of responsibility. Is the state or state agent at least partly responsible for the private party's decision to act? Does the private party act with state approval or endorsement? Is the private party performing a public (sovereign) function? State entity or official Private party Who is the defendant? Endorsement / Delegation Strand Entanglement / Nexus Strand Private Party Defendant State Defendant Is there a qualita-tively signification relationship betwixt state/private party? State action and responsibility both satisfied Otherwise, state is responsible for own action, but not private party's Possible for state action to be satisfied for some actions, but not others The "state action" doctrine creates a bright line distinction between " de jure " and " de facto " actions, and exempts the latter from constitutional requirements....
View Full Document

This note was uploaded on 04/05/2010 for the course LAW LAW5502 taught by Professor Stern during the Spring '10 term at Florida State College.

Ask a homework question - tutors are online