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Rendell-Baker v. Kohn | 457 U.S. 830 (1982)
In the United States, federal, state, and local governments rely heavily on contractors. Notably, the number of federal contract employees outnumbers full-time federal workers. In Rendell-Baker versus Kohn, the United States Supreme Court considered when a private entity reliant on government funding should be considered a public actor.
In January 1977, Sheila Rendell-Baker was fired from her counseling job at New Perspectives School in Brookline, Massachusetts, after voicing disagreement with the school’s hiring policies. New Perspectives was a private school that served fifty students whose difficulties and special needs prevented them from achieving in a regular public high school. New Perspectives received essentially all of its funding from public sources and was subject to state regulations. In July 1977, Rendell-Baker filed suit in federal court under section 1983, of title 42, of the United States Code, alleging that her firing violated her constitutional rights.
In June 1978, five New Perspectives teachers were fired after objecting to certain school policies. These teachers also filed a federal lawsuit claiming their discharge violated their constitutional rights.
A district court denied the school’s motion to dismiss the teachers’ claims, ruling that New Perspectives performed a public function and thus acted under color of state law when it fired the teachers. Nine days later, a different federal judge concluded New Perspectives wasn’t a state actor and granted summary judgment for the defendants on Rendell-Baker’s claim.
Rendell-Baker and the teachers appealed to the United States Court of Appeals for the First Circuit, which reversed the district court on the teachers’ claims. The court reasoned that New Perspectives wasn’t sufficiently dominated by the state to be considered a state actor. The First Circuit also affirmed the dismissal of Rendell-Baker’s lawsuit. Rendell-Baker and the teachers then appealed to the United States Supreme Court, which granted cert.
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