Also known as: state actor · state-actor · state-actors · state action
Written by attorneys · grounded in primary & secondary sources — see below
Conduct by a private party that is fairly attributable to the state for purposes of constitutional constraints. Attribution occurs when the private party performs a traditional public function with significant state involvement or when the state is so entwined with the private entity that its actions become those of the state.
Sean Steele, a private landlord, faced a tenant's racial discrimination suit in state court. During jury selection, Steele's counsel used peremptory challenges to remove all Black venire members. The court enforced the strikes, making the discriminatory use attributable to the state under equal protection principles.
Sylvia Santos coached at a public high school whose teams competed under rules set by a private athletic association. The association's board consisted mostly of public school officials, its operations relied on state facilities and funding, and its eligibility decisions directly controlled school sports. The association's regulatory actions therefore counted as state conduct subject to constitutional limits.
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Private litigants exercise peremptory challenges during court-supervised jury selection, a traditional public function performed with significant judicial participation. The court's enforcement of those strikes therefore renders racially discriminatory use attributable to the state and subject to equal protection review.
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A governing board dominated by public school officials, official use of public resources, and funding tied to public school activities together demonstrate the close nexus that converts the association's regulatory actions into state action.
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A public defender does not act under color of state law when performing traditional lawyer functions for a client. Negligence or malpractice by the defender therefore does not amount to state action that violates due process.
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