AND · 42usc1983:color-of-law.state-created-right
First prong of Lugar v. Edmondson Oil Co. (457 U.S. 922, 937 (1982)): the deprivation must be caused by the exercise of some right or privilege created by the State or by a rule of conduct imposed by the State or by a person for whom the State is responsible.
Exact element source
under color of any statute, ordinance, regulation, custom, or usageSource:
docroot/ir/usc/title42.jsonl#title42_sec1983; Unicode character offsets [64:131] (end exclusive); SHA-256 88fe01322b9d94860a669ec452f558146e2745845070bc43583671ce12acb2bb.All variants
| Variant | Description | Merits instance blocks | Distinct cases | Example cases (up to 3 per group) |
|---|---|---|---|---|
| no-nexus/personnel-decision-not-governed-by-state-rule | 1 Satisfied 0; not satisfied 1; excluded context 0 | 1 | /f-supp/567/1159-01 — United States District Court for the District of Delaware · 1983 — not |
How courts decided this element
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f-supp/567/1159-01 — United States District Court for the District of Delaware · 1983 | Lugar prong 1: deprivation caused by exercise of a right, privilege, or rule of conduct created by the State | not Counted merits instance applied / merits basis: no-evidence; party: CAGW and individual defendants; theory: Lugar prong: deprivation caused by exercise of a state-created right or rule; subject: party=CAGW and individual defendants; theory=Lugar prong: deprivation caused by exercise of a state-created right or rule Dispositive failure: state involvement in the entity's creation, funding and board does not reach its discretionary hiring/firing; participation of public-official board members in the vote is not enough. Burton symbiosis test held displaced by Rendell-Baker/Blum. | no-nexus/personnel-decision-not-governed-by-state-rule | Allegedly, plaintiff was fired by the Board of Directors at a meeting on January 4, 1982 in retaliation for his actions.Source: docroot/ir/caselaw/f_supp_567.jsonl#/f-supp/567/1159-01; Unicode character offsets [1459:1579] (end exclusive); SHA-256 17afc927bb04fdade70d9f70b64a9bd28fc07264d61e2116bf4fdfdf73290a97.The absence of personnel regulations regarding hiring, firing, discipline, and duties applicable to CAGW are particularly telling given the involvement of the state in other areas of CAGW's activities.Source: docroot/ir/caselaw/f_supp_567.jsonl#/f-supp/567/1159-01; Unicode character offsets [23924:24125] (end exclusive); SHA-256 17afc927bb04fdade70d9f70b64a9bd28fc07264d61e2116bf4fdfdf73290a97.While representatives of the public serve on the Board for purposes of promoting governmental objectives, these Board members do not advocate or represent governmental personnel policies since no such policy is applicable to CAGW.Source: docroot/ir/caselaw/f_supp_567.jsonl#/f-supp/567/1159-01; Unicode character offsets [24311:24541] (end exclusive); SHA-256 17afc927bb04fdade70d9f70b64a9bd28fc07264d61e2116bf4fdfdf73290a97.Also to be satisfied is the second aspect of the Lugar test: whether the alleged deprivation of rights resulted from the exercise of a right, privilege, or rule of conduct having its source in state authority.Source: docroot/ir/caselaw/f_supp_567.jsonl#/f-supp/567/1159-01; Unicode character offsets [22675:22884] (end exclusive); SHA-256 17afc927bb04fdade70d9f70b64a9bd28fc07264d61e2116bf4fdfdf73290a97.While CAGW is a state actor, not all actions by such actors constitute state action.Source: docroot/ir/caselaw/f_supp_567.jsonl#/f-supp/567/1159-01; Unicode character offsets [23493:23577] (end exclusive); SHA-256 17afc927bb04fdade70d9f70b64a9bd28fc07264d61e2116bf4fdfdf73290a97.Confining plaintiff to his articulated theory, there has been no showing that a state created right or procedure was involved with personnel decisions of any type.Source: docroot/ir/caselaw/f_supp_567.jsonl#/f-supp/567/1159-01; Unicode character offsets [23760:23923] (end exclusive); SHA-256 17afc927bb04fdade70d9f70b64a9bd28fc07264d61e2116bf4fdfdf73290a97.In light of these findings, the Court concludes that no state action was involved in the decision to terminate Thompson’s employment.Source: docroot/ir/caselaw/f_supp_567.jsonl#/f-supp/567/1159-01; Unicode character offsets [24622:24755] (end exclusive); SHA-256 17afc927bb04fdade70d9f70b64a9bd28fc07264d61e2116bf4fdfdf73290a97. |
Court interpretations
interpretation
Also to be satisfied is the second aspect of the Lugar test: whether the alleged deprivation of rights resulted from the exercise of a right, privilege, or rule of conduct having its source in state authority.
/f-supp/567/1159-01 — United States District Court for the District of Delaware · 1983
Also to be satisfied is the second aspect of the Lugar test: whether the alleged deprivation of rights resulted from the exercise of a right, privilege, or rule of conduct having its source in state authority.Source:
docroot/ir/caselaw/f_supp_567.jsonl#/f-supp/567/1159-01; Unicode character offsets [22675:22884] (end exclusive); SHA-256 17afc927bb04fdade70d9f70b64a9bd28fc07264d61e2116bf4fdfdf73290a97.First prong of Lugar v. Edmondson Oil Co. (457 U.S. 922, 937 (1982)): the deprivation must be caused by the exercise of some right or privilege created by the State or by a rule of conduct imposed by the State or by a person for whom the State is responsible.
interpretation
While CAGW is a state actor, not all actions by such actors constitute state action.
/f-supp/567/1159-01 — United States District Court for the District of Delaware · 1983
While CAGW is a state actor, not all actions by such actors constitute state action.Source:
docroot/ir/caselaw/f_supp_567.jsonl#/f-supp/567/1159-01; Unicode character offsets [23493:23577] (end exclusive); SHA-256 17afc927bb04fdade70d9f70b64a9bd28fc07264d61e2116bf4fdfdf73290a97.First prong of Lugar v. Edmondson Oil Co. (457 U.S. 922, 937 (1982)): the deprivation must be caused by the exercise of some right or privilege created by the State or by a rule of conduct imposed by the State or by a person for whom the State is responsible.