Court's Flexible State-Action Test

In our continuing Still Good Law series, Jenessa explains how a dispute arising from a parking garage in Wilmington, Delaware became the foundation for one of the most important concepts in civil rights: determining that a private or quasi-public individual or entity is operating “under color of law.” How does this concept help to hold law enforcement and other governmental agencies accountable, and how is it holding up in 2025?

1. Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961)

2. Monroe v. Pape, 365 US 167 (1961)

3. 42 USC 1983