Is a private medical provider acting under contract with the state a state actor for purposes of Section 1983 of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from Schneider v. Sutter Amador Hosp., No. 2:14-cv-00804 GEB AC PS (E.D. Cal. 2014):

"To state a claim under 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law." West v. Atkins, 487 U.S. 42, 48 (1988). A private individual's conduct constitutes action under color of state law only if it is "fairly attributable" to the state. West, 487 U.S. at 49-50 (holding a private medical doctor acting under contract with a state to provide medical services to inmates is a state actor for purposes of 1983). The under-color-of-state-law element is a "jurisdictional requisite" for a 1983 action. Id. at 46.

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