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· 11/27/2002

George Thomas Franklin v. Jim Fox Martin Murray Robert Morse Bryan Cassandro John Cuneo, Sergeant Eileen Franklin-Lipsker

Citations

  • 312 F.3d 423
  • 2002 Daily Journal DAR 13381
  • 2002 Cal. Daily Op. Serv. 11479
  • 2002 U.S. App. LEXIS 24254
  • 2002 WL 31663614

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing four 5 tests articulated by Supreme Court in analyzing whether a private party’s actions amount to state 6 action
  • holding that under the joint action test, “[a] 19 plaintiff may demonstrate joint action by proving the existence of a conspiracy or by showing that 20 the private party was ‘a willful participant in joint action with the State or its agents’”
  • noting that civil rights claims under 42 U.S.C. Section 1983 generally do not lie against a private 28 individual or business entity that does not act under color of state law
  • describing four tests to determine 19 when private actor may be deemed to act under color of state law
  • outlining four potential circumstances in which private action can amount to state 1 action for purposes of § 1983
  • noting, generally, 25 that Section 1983 claims do not lie against a private individuals or business entity that does not act under color of state law

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Boochever, Fisher

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.