Case: Individual Employment Rights (IER)/Procedural Due Process (W.D. Ky.)

A federal district court denied South East Bullitt Volunteer Fire and Rescue Department, Inc.'s motion for summary judgment on a former firefighter’s due process claim under 42 U.S.C. § 1983, finding that the Department qualifies as a state actor under the public function test because firefighting is historically a governmental function in Kentucky, the Department has broad authority, receives public funding, is heavily regulated by state agencies, and Kentucky courts view fire departments as performing governmental functions.

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