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A city is a state actor for Fourteenth Amendment purposes. The Supreme Court has applied the Fourteenth Amendment to municipal action since at least Yick Wo, an
by cocacola1 9d ago
A city is a state actor for Fourteenth Amendment purposes. The Supreme Court has applied the Fourteenth Amendment to municipal action since at least Yick Wo, and municipalities can be sued under §1983 for constitutional violations caused by official policy.
And "you can vote them out or sue in tort" doesn't answer the constitutional question. The availability of other remedies does not make an otherwise unconstitutional government action constitutional.
Also, the Fourteenth Amendment does considerably more than prohibit abridging privileges or immunities. It expressly prohibits states from depriving any person of life, liberty, or property without due process and from denying equal protection.
- pdonis 5d ago> The Supreme Court has applied the Fourteenth Amendment to municipal action since at least Yick Wo That case was about a city ordinance (true, a city ordinance, not a State law that the city was enforcing, so that much is a fair point) that was inequitably enforced (non-Chinese got permits, Chinese didn't, with no other material facts being different). It was not the city providing a service itself. > It expressly prohibits states from depriving any person of life, liberty, or property without due process This refers to civil suits or criminal prosecutions, not the government providing services.