Swayne v. L.D.S. Social Services

How courts have described this case

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

• explaining that state action may not be present where “a private party makes necessary use of some state procedure” because the “private part[y], rather than the state, made the essential decision to attempt to deprive a plaintiff of his or her liberty or property interest”
• explaining that state action may not be present where “a private party makes necessary use of some state procedure” because the “private part[y], rather than the state, made the essential decision to attempt to deprive a plaintiff of his or her liberty or property interest”
• private adoption agencies initiating adoption, and thus terminating parental rights, deemed state actor for purposes of challenging statute
• private adoption agencies initiating adoption, and thus terminating parental rights, deemed state actor for purposes of challenging statute
• wherein this court noted the self operative nature of the Utah Adoption Statutes

Source: CourtListener parenthetical corpus (CC0).

Cited by

7 cases in this archive cite this case.

• Oltremari Ex Rel. McDaniel v. Kansas Social & Rehabilitative Service
  D. Kansas· 1994-11-21· cited 96×
• Appeal of H.R.
  District of Columbia Court of Appeals· 1990-08-29· cited 85×
• Swayne v. L.D.S. Social Services
  Utah Supreme Court· 1990-06-11· cited 24×
• Thurnwald v. A.E.
  Utah Supreme Court· 2007-05-08· cited 23×
• P. Edward A. by and Through Nolan v. Williams
  D. Utah· 1988-10-07· cited 5×
• Cooper v. State of Utah
  D. Utah· 1987-12-21· cited 4×
• Swayne v. L.D.S. Social Services
  Court of Appeals of Utah· 1988-09-15· cited 3×