affirming that “constitutional standards are invoked only when it can be said that the [government] is responsible for the specific conduct of which the plaintiff complains.”
How later courts described this case
- affirming that “constitutional standards are invoked only when it can be said that the [government] is responsible for the specific conduct of which the plaintiff complains.”
- “[D]eciding whether there has been state action requires an inquiry” into the relationship between the State and the challenged action (emphasis added)
- noting that private utility companies, private schools funded with state dollars, and private contractors operating a state school bus program were all found to not have met the public function test
- finding the relationship element of state-created danger unsatisfied “[w]hen the alleged unlawful act is a policy directed at the public at large”
Written by the judges who cited it.
The opinion
SUR PETITION FOR REHEARING
April 28, 1995
Before: SLOVITER, Chief Judge, and BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE, SAROKIN, and WEIS, Circuit Judges.
The petition for rehearing filed by the appellant, John D. Mark, in the above captioned matter having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the court in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.