National Collegiate Athletic Association v. Tarkanian case brief

National Collegiate Athletic Association v. Tarkanian case brief summary
488 U.S. 179 (1988)

CASE SYNOPSIS

Petitioner appealed from a judgment of the Supreme Court of Nevada upholding a judgment in favor of respondent in a suit by respondent alleging that he had been deprived of his Fourteenth Amendment due process rights in violation of 42 U.S.C.S. § 1983.

CASE FACTS

• University informed respondent that it was going to suspend him. 
• No dissatisfaction with the respondent motivated the suspension. 
• The impetus was a report by petitioner detailing violations of petitioner's rules by university personnel, including many involving respondent. 
• Petitioner placed university's basketball team on probation for two years and ordered university to show cause why petitioner should not impose further penalties unless university severed all ties during the probation between its intercollegiate athletic program and respondent. 
• Facing demotion and a drastic cut in pay, respondent brought suit in Nevada state court, alleging that he had been deprived of his Fourteenth Amendment due process rights in violation of 42 U.S.C.S. § 1983. 

PROCEDURAL HISTORY
Ultimately respondent obtained injunctive relief and an award of attorney's fees against both university and petitioner. The state supreme court affirmed.

HOLDING
The U.S. Supreme Court reversed holding petitioner's participation in the events leading to respondent's suspension did not constitute "state action."

CONCLUSION
The judgment was reversed; petitioner was not a state actor because it was acting under the color of its own policies rather than under the color of state law and because university did not delegate power to petitioner to take specific action against university or respondent.

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