Angela Borrell v. Arthur F. Richer, et al.

The Fourteenth Amendment’s Due Process Clause governs state action. 42 U.S.C. § 1983, moreover, renders liable those who violate constitutional rights “under color of” law. In the Second and Eighth Circuits, demonstrating that public and private entities have engaged in “joint action” or are “pervasively entwined” is a sufficient basis to render the resulting conduct state action. The Third Circuit, however, disagrees. It holds that, notwithstanding “joint action” or “pervasive entwinement” between public and private, the Constitution applies only when the state directly coerced the conduct at issue. The question presented is: Whether “joint activity” or “pervasive entwinement” between a public and private entity is a sufficient basis to demonstrate that resulting conduct is state action.