Legal Definitions - public-function test

The public-function test is a legal principle used in cases brought under 42 USCA § 1983. It states that if a private individual or entity performs functions that are typically reserved for the government, their actions can be considered state action and subject toconstitutional scrutiny.

For example, if a private prison company is responsible for providing medical care to inmates, and they fail to provide adequate care, they may be held liable under the public-function test. This is because providing medical care to prisoners is a function traditionally performed by the state.

Another example could be a private security company that is hired by a city to provide policing services. If the security company violates someone's constitutional rights while performing their duties, they may be held accountable under the public-function test.

The public-function test is an important tool for ensuring that private entities do not violate individuals' constitutional rights while performing functions that are typically reserved for the government.