Legal Definitions - joint participation

In civil rights law, joint participation refers to a situation where a private individual or organization works so closely with a government agency or official that their actions are considered to be "state action." This is a crucial concept because civil rights laws typically apply only to government conduct, not to purely private behavior. When a private entity engages in joint participation, it means they are essentially performing a public function and can therefore be held accountable under civil rights laws, just as a government entity would be.

• Example 1: Private Security in Public Spaces

  A city contracts with a private security company to patrol its public parks and enforce local ordinances, including issuing warnings and detaining individuals suspected of violating park rules until city police arrive. The contract grants these private guards significant authority over public behavior. If the private security guards consistently target and harass individuals from a specific racial or ethnic group, using excessive force or discriminatory practices, those individuals could file a civil rights lawsuit against the private company.

  This illustrates joint participation because the private security firm is undertaking a public function (law enforcement and public order maintenance) "in concert with a governmental entity" (the city). By exercising authority typically reserved for government officials, the private company's actions become subject to civil rights laws.

• Example 2: Privately Operated Detention Facilities

  A state government enters into a long-term contract with a private corporation to manage and operate a juvenile detention center. The private corporation is responsible for all aspects of the facility, including housing, medical care, education, and disciplinary procedures for the detained minors, all under state oversight. If the private corporation implements policies that systematically deny adequate medical treatment or educational opportunities to the children, or uses cruel and unusual punishment, the corporation could be sued for civil rights violations.

  Here, the private corporation is engaged in joint participation because it is performing a core governmental function (detention and care of minors) "in concert with a governmental entity" (the state). The private entity's actions, even though it is not a government agency itself, are considered state action due to this close operational relationship, making it liable under civil rights statutes.

• Example 3: Private Adoption and Foster Care Agencies

  A county's child welfare department outsources a significant portion of its foster care placement and supervision services to a private, non-profit adoption agency. The agency is responsible for recruiting foster families, conducting home studies, placing children, and monitoring their well-being, all according to state and county guidelines. If the private agency systematically discriminates against prospective foster parents based on their religion or sexual orientation, denying them the opportunity to care for children, those individuals could bring a civil rights claim against the agency.

  This demonstrates joint participation because the private adoption agency is performing a critical public function (child welfare and foster care placement) "in concert with a governmental entity" (the county). The agency's close collaboration with the county in carrying out this governmental responsibility means its discriminatory actions are treated as state action, making it subject to civil rights laws.