When is a Private Person Acting Under the Color of State Law?
A private actor may be considered a person acting under color of state law pursuant to Section 1983 when his conduct is “fairly attributable to the state.” The Supreme Court has developed three primary tests to determine when such conduct exists: 1) the nexus test; 2) the public function test; and 3) the state compulsion test. Generally, only the first two tests are applicable when the state actor status of a security officer is at issue. Courts use the nexus test where both a state actor, usually a police officer, and a private actor were engaged in activity that allegedly violated the plaintiff’s constitutional rights. If the security officer and state actor worked in concert to achieve a common or joint goal, the actions of the security officer will usually be attributed to the state, giving rise to Section 1983 liability. Where only private actors are alleged to have violated the plaintiff’s constitutional rights, the scenario at issue in the cases discussed below, courts generally
Related Questions
- A person must always be observing the fire while it is in use and campfires cannot be closer than 25 feet from any structure. What is the State Law on Mufflers and Exhaust noise on vehicles?
- Does Tennessee state law affect my personal private (non-ERISA) disability claim?
- When is an individual acting under color of state law?
