NCJ Number
142610
Journal
New England Journal of Criminal and Civil Confinement Volume: 19 Issue: 1 Dated: (Winter 1993) Pages: 61-102
Date Published
1993
Length
42 pages
Annotation
Americans who believe they were wrongfully deprived of their liberty, usually when they were involuntarily committed to mental institutions, have sought redress under section 1983 of 42 U.S.C. However, section 1983 provides redress only for actions taken under color of law.
Abstract
The split between State and Federal jurisdictions in these matters has yet to be resolved by the Supreme Court, which has unsuccessfully struggled to define State action. Competing theories on the issue include the public function or delegated powers test, the notion of government entanglement in the challenged activity, and government encouragement or coercion. This article describes the development of the State action theories and examines private involuntary civil commitment in relation to these three State action theories and relevant policy considerations. The author notes two Supreme Court decisions which could affect section 1983 suits for wrongful private commitment. The author concludes that all private civil commitment should qualify as State action and that persons who are wrongfully committed or maltreated should have all the remedies for wrongful State action at their disposal. 242 notes