American Constitutionalism in Historical Perspective (packet)

Trespass actions and sit-in cases: Trespass law in public restaurant may be state action but not w/in private home (never a majority of ct that said this). Bell: Shelley should govern when restaurant discrim. Black dissents: whereas Shelley involved willing buyer/seller, these cases d/n so shouldn’t be governed by Shelley. Issue mooted by Civil Rts of 1964 under Commerce Clause.

42 U.S.C. § 1983 Civil Action for Deprivation of Rights: anyone who restricts the rights of citizens will be held liable, not limited to state action.

1. 
   Monroe v. Pape: permit a dmg action vs. police officers for unlawful invasion of P’s home and for illegal search, seizure and detention. Specific intent req of Screws for crim cases not applicable
   
2. 
   Under color of law also refers to “custom, usage of any state.” Adickes: Harlan: custom must have the force of law by virtue of persistent practices of state official. Brennan’s dissent arguemtn that custom meant the custom of the ppl of state not custom of state officials and a widespread, longstanding practice not necessarily backed by the force of the state.
   

42 U.S.C. § 1985(3) Conspiracy to Interfere with Civil Rights: d/n req state action based on 13^th A

1. 
   Private conspiracy cases: uses 13^th A
   
   1. 
      Collins: Court held there was a state action constraint, c/n reach purely private behavior.
      
   2. 
      Griffin: Court held there was no state action constraint, anything motivated by racial animus will go against the criminal conspiracy statute. Rediscover 13^th A and rt of interstate travel to reach private conspiracies. But d/n extend this to labor unions later.
      
2. 
   Attempts to extend to Women’s Rights: want to apply to cases motivated by hostility to the right of abortion, implicated gender animus. Contested because not all women are pro-choice, not all decisions involve sexism. Sp c/n extend racial animus test of 13^th A b/c d/n have same animus (Bray). The issue was rendered moot by federal law, applied RICO and enacted the Freedom of Access to Clinic Entrances Act of 1994. See also Jones v. Mayer below