Changes

The Data Bank has an effect on reputation similar to that of a criminal indictment, which surely is state action.  The Data Bank possesses this awesome power not due to freedom of speech or the press, but solely because the federal government established it and mandates its use.  The Data Bank is equivalent to the grand jury, which is composed of private citizens, when it announces an indictment.  The hospitals play the role of a prosecutor, who does not need be an actual employee of the state to be a state actor.  As with [[HCQIA]], state action exists because the defendant possessed power by law ([[HCQIA]] reporting) and this is made possible because the defendant is cloaked with the authority of state law (others, such as physicians and individuals, cannot report to the Data Bank).  See Groman v. Twp. of Manalapan, 47 F.3d 628, 639 n. 17 (3d Cir. 1995).

The Data Bank has an effect on reputation similar to that of a criminal indictment, which surely is state action.  The Data Bank possesses this awesome power not due to freedom of speech or the press, but solely because the federal government established it and mandates its use.  The Data Bank is equivalent to the grand jury, which is composed of private citizens, when it announces an indictment.  The hospitals play the role of a prosecutor, who does not need be an actual employee of the state to be a state actor.  As with [[HCQIA]], state action exists because the defendant possessed power by law ([[HCQIA]] reporting) and this is made possible because the defendant is cloaked with the authority of state law (others, such as physicians and individuals, cannot report to the Data Bank).  See Groman v. Twp. of Manalapan, 47 F.3d 628, 639 n. 17 (3d Cir. 1995).

[[category:United States law]]

[[Category:United States Law]]

[[category:United States Supreme Court Cases]]

[[category:United States Supreme Court Cases]]