Sofya Uvaydov Timothy Capowski

March 16, 2021 | New York Law Journal

The Supreme Court's long-standing precedent has never classified private foster care agencies as state actors. In fact, the most analogous Supreme Court holding in 'Rendell-Baker v. Kohn', reached the opposite result.

By Sofya Uvaydov, Timothy Capowski and Jennifer Graw

4 minute read

March 05, 2021 | New York Law Journal

For the last 15 years, the courts in this Circuit have consistently split on a focused question: are private foster care agencies state actors for purpose of 42 U.S.C. §1983 liability? The district courts have the task of reconciling two Second Circuit decisions from the 1970s, finding state actor status, with 40 years of subsequent Supreme Court precedent that dictates the opposite answer.

By Sofya Uvaydov, Timothy Capowski and Jennifer Graw

15 minute read