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. 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>). There is no rationale for treating veterans
holding private actors are not acting under the color of state law for the purposes of section 1983 liability holding that to prevail on a  1983 claim a plaintiff must allege that the defendant acted under color of state law in other words that there was state action holding that a corrections corporation of america prison guard acted under color of state law for purposes of  1983 suit because the function of incarcerating people whether done publicly or privately is the exclusive prerogative of the state holding that private doctor under contract with a state prison to provide medical care to prisoners acted under color of state law when he treated inmate holding that public defenders do not act under color of state law and therefore are not subject to suit under 42 usc  1983