B. Potential Defendants

LibrarySouth Carolina Damages Supplement (SCBar) (2017 Ed.)

B. Potential Defendants

1. States

Pg. 311

In footnote 10, insert after case citation the following text:

superseded on other grounds by statute, 5 U.S.C. § 1221(e)(2).

3. State Officials

Pg. 312

In footnote 15, insert after case citation the following text:

overruled on other grounds, Lapsides v. Board of Regents of Univ. of Ga., 535 U.S. 613 (2002).

4. Local Governmental Entities and Officials

Pg. 313

In footnote 21, insert after case citation the following text:

superseded by statute on other grounds, 28 U.S.C. § 1367.

5. "State" vs. "Local" Status

Pg. 315

Insert the following new subsection 6:

6. Private Individuals

Individuals acting in a private capacity typically are beyond the reach of section 1983 regardless of how discriminatory or wrongful the actions may be.34.1 There is an exception to this rule, however, where "the state has so dominated such activity as to convert it to state action."34.2 Courts emphasize that there is "no specific formula" for determining when private actions may be attributed to the state, opting for a "totality of the circumstances" analysis of each case.34.3
34.1 Thomas v. Salvation Army S. Terr., 841 F.3d 632, 637 (4th Cir. 2016) (quoting

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