03.05.2021

The Riddle of State Actor Status for Private Foster Care Agencies

Tim Capowski, Sofya Uvaydov and Jennifer Graw provide insight into a 15-year federal district court split on private corporation liability for 42 U.S.C. § 1983 constitutional claims. They highlight the strategic need for a resolution of this core issue of “state actor” status, which determines if a private entity can even be sued for such claims. Absent resolution, private foster care agencies will continue to face costly and frequent litigation under the constraints of 50-year-old Second Circuit law, which has likely been overturned by the Supreme Court decades ago.

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