State action
This question remains unresolved, but the Supreme Court has held private citizens to be liable for state action when they conspire with government officials to deprive people of their rights.The 1989 case of DeShaney v. Winnebago County was decided on the basis of the state action doctrine.California allows the peaceful exercise of free speech in private shopping centers (see Pruneyard Shopping Center v. Robins (1980)) and requires certain types of private action to afford current or potential members a rudimentary version of procedural due process called fair procedure.[3] The Supreme Court has held the following: According to constitutional law scholar Gillian E. Metzger:[4] The underlying presumption is that cases where private action wields public power are rare and occur mainly when the government tries to hide behind private surrogates whom it controls.Current doctrine pays little attention to whether the government is, in fact, delegating power to private entities to act on its behalf.