nexus test

The standard by which a private person’s act is considered state action — and may give rise to liability for violating someone’s constitutional rights — if the conduct is so closely related to the government’s conduct that the choice to undertake it may fairly be said to be that of the state.

• While similar to the symbiotic-relationship test, the nexus test focuses on the particular act complained of, instead of on the overall relationship of the parties. Still, some courts use the terms and analyses interchangeably.

— Also termed close-nexus test. Cf. SYMBIOTIC-RELATIONSHIP TEST T. See JOINT PARTICIPATION; STATE-COMPULSION TEST. [Cases: Civil Rights 1326(4, 7). C.J.S. Civil Rights §§ 92–94.]

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