context: The statutory language, however, focuses on a veteran's incarceration for a felony conviction in any facility and does not distinguish between government-operated prisons and privately operated prisons. The statute's failure to distinguish between the two types of prisons indicates that incarceration in a privately owned and operated prison under contract with the state is tantamount to incarceration in a state penal institution.
citation_a.signal: see also
citation_a.identifier: 102 F.3d 810, 814
citation_a.parenthetical: stating that employees of the Corrections Corporation of America perform a "traditionally state function" by operating a prison
citation_a.sentence: See Evans v. Newton, 382 U.S. 296, 299, 86 S.Ct. 486, 15 L.Ed.2d 373 (1966) (“[W]hen private individuals or groups are endowed by the State with powers or functions governmental in nature, they become agencies or instrumen-talities of the State .... ”); see also Street v. Corr. Corp. of Am., 102 F.3d 810, 814 (6th Cir.1996) (stating that employees of the Corrections Corporation of America perform a “traditionally state function” by operating a prison); Giron v. Corr. Corp. of Am., 14 F.Supp.2d 1245, 1249 (D.N.M. 1998) (holding that a Corrections Corporation of America prison guard acted under color of state law for purposes of § 1983 suit because “[t]he function of incarcerating people, whether done publicly or privately, is the exclusive prerogative of the state.”).
citation_b.signal: see
citation_b.parenthetical: "[W]hen private individuals or groups are endowed by the State with powers or functions governmental in nature, they become agencies or instrumen-talities of the State .... "
citation_b.sentence: See Evans v. Newton, 382 U.S. 296, 299, 86 S.Ct. 486, 15 L.Ed.2d 373 (1966) (“[W]hen private individuals or groups are endowed by the State with powers or functions governmental in nature, they become agencies or instrumen-talities of the State .... ”); see also Street v. Corr. Corp. of Am., 102 F.3d 810, 814 (6th Cir.1996) (stating that employees of the Corrections Corporation of America perform a “traditionally state function” by operating a prison); Giron v. Corr. Corp. of Am., 14 F.Supp.2d 1245, 1249 (D.N.M. 1998) (holding that a Corrections Corporation of America prison guard acted under color of state law for purposes of § 1983 suit because “[t]he function of incarcerating people, whether done publicly or privately, is the exclusive prerogative of the state.”).