TTTBE #32: Early Answer for Patrons
Added 2017-07-16 23:56:27 +0000 UTCThis question asked about the state action requirement to bring a lawsuit pursuant to 42 U.S.C. § 1983. The key test is that a private actor (here, the SPCA) can be considered to be acting on behalf of the government if they are doing so "under color of law," which requires a "close nexus" between the action and the governmental body.
As a result, the correct answer was "D."
Answer "A" (that nothing involved police action) was incorrect for the reasons Thomas said.
Answer "B" was incorrect because the SPCA was, in fact, acting under color of law.
Answer "C" was incorrect because simply being organized as a non-profit by the state does not convert a private party into a state actor.
Thomas's two-question streak is over, and he is now 15-for-32 (46.9%), just missing that elusive .500 mark.
Comments
I'm pretty sure there are some distinctions to be made. He's comparing apples to oranges.
Eric Brewer
2017-07-19 01:21:51 +0000 UTCAccording to my dad the Trumps using information taken by the Russians hacking, which he agrees is a crime, was not illegal. He cited the newspapers releasing the Pentagon Papers.
Alex Emery
2017-07-18 00:02:47 +0000 UTCOh dear, a rare slip-up from Thomas' Second Chance Law Firm.
Sakashite Fukasumi
2017-07-17 07:47:51 +0000 UTC
