{"id":28194,"date":"2017-07-22T07:15:02","date_gmt":"2017-07-22T12:15:02","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=28194"},"modified":"2017-07-22T07:20:37","modified_gmt":"2017-07-22T12:20:37","slug":"ca9-getting-some-public-funds-doesnt-make-a-private-actor-public","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=28194","title":{"rendered":"CA9: Getting some public funds doesn&#8217;t make a private actor public"},"content":{"rendered":"<p>A private school ejected plaintiff and he sued on several grounds. His Fourth Amendment claim (sounds problematic on its face) is rejected because the school is not a state actor despite receiving some federal funds. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2017\/07\/17\/16-15494.pdf\">Nkwuo v. Angel<\/a>, 2017 U.S. App. LEXIS 12809 (9th Cir. July 17, 2017). (More to the point, this simply is not a Fourth Amendment issue.)<\/p>\n<p>Defendant\u2019s offense was in two counties, and he pled guilty. His plea waived venue, even if it was a valid issue, and he can\u2019t show defense counsel was ineffective for not challenging the forfeiture too. His central issue seems to be the seizure and forfeiture of $83,500, $22,000 of which was on him in the other county, which he\u2019s trying to get back. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/5\/2017\/2017-Ohio-6911.pdf\">State v. Stephens<\/a>, 2017-Ohio-6911, 2017 Ohio App. LEXIS 3017 (5th Dist. July 12, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A private school ejected plaintiff and he sued on several grounds. His Fourth Amendment claim (sounds problematic on its face) is rejected because the school is not a state actor despite receiving some federal funds. Nkwuo v. Angel, 2017 U.S. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=28194\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,43],"tags":[],"class_list":["post-28194","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-private-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28194","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=28194"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28194\/revisions"}],"predecessor-version":[{"id":28197,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28194\/revisions\/28197"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28194"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28194"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28194"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}