Opening Arguments Turns Out Our Civil Rights Come From... A Parking Garage in Wilmington, Delaware?
10 snips
Nov 10, 2025 Dive into how a simple parking garage dispute in Wilmington sparked crucial civil rights discussions. Learn why understanding 'under color of law' is essential for holding public entities accountable. Explore how private actors might circumvent the 14th Amendment and the impact of Section 1983 on constitutional violations. The analysis of Burton v. Wilmington Parking Authority reveals key judicial approaches and the ongoing relevance of state-action tests. Plus, hear about modern concerns regarding privatized power and who can be sued under these laws.
AI Snips
Chapters
Transcript
Episode notes
Blurry Line Between Private And State Action
- The line between private and state action is often blurry when government outsources services or funds private entities.
- If a private actor performs public functions or the state benefits, constitutional protections can attach.
Assert State Action To Unlock 1983 Remedies
- Establishing state action opens Section 1983 remedies like damages and injunctions, so lawyers press that theory aggressively.
- Naming officials and the state often forces faster settlements and broader relief.
Use Clearly Established Law To Defeat Qualified Immunity
- When suing officers, remember qualified immunity blocks damages unless the violation was 'clearly established.'
- Emphasize well-settled precedent (e.g., flipping off a cop) to overcome qualified immunity.