Task: Wrong Candidate Generation
Input (English): a plaintiff must show that he suffered a violation of a constitutional right and that the violation was committed under color of state law. See 42 U.S.C. § 1983; Hadges v. Yonkers Racing Corporation, 918 F.2d 1079, 1081 (2d Cir.1990). Traditionally, a defendant must have exercised power “possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law for its conduct to constitute state action under 42 U.S.C. § 1983.” See West v. Atkins, 487 U.S. 42, 49, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988). Accordingly, a private entity’s conduct may become so entwined with governmental policies, or so impregnated with a governmental character as to become subject to 42 U.S.C. § 1983. See Kia P. v. McIntyre, 235 F.3d 749, 755-57 (2d Cir.2000) (<HOLDING>). The Supreme Court has articulated two tests 
 Holding statements: (A) holding that a private plaintiff may not being an action under the family educational rights and privacy act of 1974 because that statute does not create personal rights to enforce under 42 usc  1983 (B) holding that a state is not a person under 42 usc  1983 (C) holding that a municipality may be held liable as a person under  1983 (D) holding that person in 42 usc  1983 does not include states (E) holding that to the extent that private hospital acted in furtherance of a child welfare statute and not medical considerations it may be held liable under 42 usc  1983
Output (English): holding that person in 42 usc  1983 does not include states