Leshko v. Servis

OPINION OF THE COURT

SMITH, Circuit Judge.

We weave our way in this appeal through the Supreme Court’s labyrinthine state action jurisprudence. The question presented is whether foster parents are state actors for purposes of liability under 42 U.S.C. § 1983. We hold that they are not.

I

A

When appellant Karen M. Leshko was two-and-a-half years old, her foster mother, appellee Judy Servís, placed her in the kitchen sink of the Servís home to wash her. Next to the sink was a large pot of exceedingly hot water. Servís left the room. Little Karen pulled the pot over on herself, sustaining severe…