Photo: Shutterstock Follow-up on 'Riddle of State Actor Status'
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.
March 16, 2021 at 05:53 PM
4 minute read
Ms. Betsy Kramer's letter to the editor, Protect Society's Most Vulnerable Members, NYLJ (March 15, 2021) seeks to adhere to the "Supreme Court's long-standing precedent" of holding foster care agencies as state actors liable under 42 U.S.C. §1983. However, the entire premise of Ms. Kramer's letter is wrong. 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, 457 U.S. 830 (1982), reached the opposite result.
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