Fact pattern 4-1
Martin is a legal secretary for Allison,a partner in a large law firm in Knoxville.Allison finds Martin quite annoying.The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard.Allison fires Martin on the spot.Martin tells Allison that he has been studying constitutional law and that she is guilty of violating not only his due process rights but his equal protection rights as well.Martin says that he was entitled to a hearing before any disciplinary action was taken and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best.Martin says that he is filing suit tomorrow.
-Refer to fact pattern 4-1.Which of the following is true regarding Martin's ability to win on a claim alleging violation of the due process clause of the U.S.Constitution?

Question

Quizplus · Accepted Answer

Martin will lose because state action was not involved. The Due Process Clause of the U.S. Constitution applies only to actions taken by the government or those acting as agents of the government. As a legal secretary for a private law firm, Allison's actions do not constitute state action, and therefore, Martin cannot sue for a violation of his due process rights.

Fact Pattern 4-1 Martin Is a Legal Secretary for Allison,a Partner in a Partner