Author Question: Explain the circumstances when a private government contractor is subject to liability for providing ... (Read 58 times)

leilurhhh · **on:** Aug 3, 2018

Explain the circumstances when a private government contractor is subject to liability for providing a traditional public function. Give an example where a private contractor could be found liable.

What will be an ideal response?

Question 2

What concerns are raised by running a Google search to find contract forms?

What will be an ideal response?

yuyiding · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

If the function performed has historically been exclusively public, the likelihood of applying 1983 is high. In West v. Atkins, 487 U.S. 42 (1988), the U.S. Supreme Court held that a physician who worked part-time for a state correctional institution treating inmates was found to be performing a state function. As such, he was a state actor that could be sued under 1983 .

Answer to Question 2

It is difficult to determine the quality of information published on the web, and it may be out of date.