The Law School Authority

Edmonson v. Leesville Concrete Co. Case Brief

Summary of Edmonson v. Leesville Concrete Co. (1991)

Federal trial during voir dire.  Δ, a private company, exercises preemptory strikes to exclude blacks from the jury (employment discrimination case).  Held: The attorney is not completely a private actor b/c he has the assistance from the government.  Govt facilitates the jury and trial system + trials by jury are a traditional government function.

a.       Justice Kennedy’s State Action: Edmonson Synthesis

(1)     Was the Constitutional deprivation the result of the exercise of a right/privilege w/ its source in state authority?  (here, yes, only have rt of preemptories if in a court)

(2)     Can a private party fairly be described as a state actor?

(a)     Does it rely on government aid/benefits?

(b)    Is it a traditional governmental function? (marsh)

(c)     Do incidents of governmental authority uniquely aggravate the injury?

Copyright © 2001-2012 All rights reserved. Privacy Policy HotChalk Partner