Civil Rights Litigation Part V: State Action by Private Parties

In this course, the fifth of a multi-part series on litigating civil rights cases, Ameer Benno, a New York City-based civil rights attorney, discusses the circumstances under which private parties can be held to be state actors under 42 U.S.C. § 1983. He covers the tests for determining whether a private party is acting with the authority of state law, the doctrine of respondeat superior, and types of damages available against private entities that are held to be state actors under Section 1983.  

Learning Objectives:

1. Review the elements of a Section 1983 claim
2. Understand the state action requirement under 42 U.S.C. § 1983
3. Identify the various tests for determining whether a private party is acting with the authority of state law
4. Grasp to what extent the doctrine of respondeat superior applies to private entities that are deemed to be state actors under 42 U.S.C. § 1983
5. Recognize the types of damages available against private entities that are held to be state actors under Section 1983