Legal Definitions - public-function doctrine

The public-function doctrine, also known as the public-function test, is a legal principle used in cases brought under 42 USCA § 1983. It states that a private individual's actions can be considered state action if they perform functions that are traditionally reserved for the state.

For example, if a private security company is hired to provide security for a public event, their actions can be considered state action because providing security is a function traditionally reserved for the state. Therefore, if the private security company violates someone's civil rights while performing their duties, they can be held liable under 42 USCA § 1983.

Another example is a private prison that is contracted by the government to house inmates. The private prison is performing a function that is traditionally reserved for the state, and therefore their actions can be considered state action. If the private prison violates an inmate's civil rights, they can be held liable under 42 USCA § 1983.