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Flashcards in State Action v. Private Action Deck (4)
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1

State Action Requirement

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)

2

Exception to state action requirement:

  1. Public Function Theory
  2. Significant State Involvement Theory

3

What is the Public Function Theory?

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

4

What is the Significant State Involvement Theory?

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

the private action is closely encouraged and supported by the state