Pennsylvania
How Adickes v. S.H. Kress & Co. applies in Pennsylvania: state-specific rules, key cases, and bar exam notes for Other.
Pennsylvania courts largely follow the precedent set in Adickes v. S.H. Kress & Co., particularly with respect to civil rights claims involving state action. The state acknowledges that private entities can be found liable for civil rights violations when they operate in concert with state actors.
In Pennsylvania, to establish liability under Section 1983, a plaintiff must demonstrate that the private entity acted under color of state law and that the action constituted a violation of federal rights.
Held that the NCAA, while a private organization, acted under color of state law due to its significant regulatory powers over member institutions.
Clarified that state action can be determined by the joint action test, applying a similar rationale to that in Adickes.
Found that the collaboration between state officials and a private entity can meet the burden of showing action under color of law.
Pennsylvania's approach mirrors the federal standard articulated in Adickes, focusing on the nexus between private action and state authority. However, Pennsylvania courts may have a more expansive interpretation of joint action than some federal courts, emphasizing the collaborative nature of constitutional violations.
Knowledge of the principles from Adickes as they apply to private actor liability in Pennsylvania is useful for the Pennsylvania bar exam, particularly in civil rights contexts.