The Sybalskis do not challenge on appeal the dismissal of their PAIMI claims or the District Court’s decision
to decline to exercise supplemental jurisdiction over their state law claims.
, 2007 WL 1202864 , at *5. The District Court dismissed the PAIMI claim on theground that the statute “creates no privately enforceable federal rights,”
at *6 n.6, and declined toexercise supplemental jurisdiction over the state law claims,
at *6. Judgment for defendants wasentered on April 30, 2007, and this appeal followed.
On appeal, the Sybalskis challenge the District Court’s determination that they failed adequately to plead state action in support of their section 1983 claims. Pursuant to section 1983, anyone acting
“under color of any [state] statute, ordinance, regulation, custom, or usage,” who causes a United Statescitizen to be deprived “of any rights, privileges, or immunities secured by the Constitution and laws,shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding forredress.” 42 U.S.C. § 1983. The Supreme Court has explained that “[t]he purpose of § 1983 is to deterstate actors from using the badge of their authority to deprive individuals of their federally guaranteedrights and to provide relief to victims if such deterrence fails.”
Wyatt v. Cole
, 504 U.S. 158, 161 (1992). Accordingly, we have held that “[a] plaintiff pressing a claim of violation of his constitutional rightsunder § 1983 is thus required to show state action.”
Tancredi v. Metro. Life Ins. Co.
, 316 F.3d 308, 312(2d Cir. 2003).For the purposes of section 1983, the actions of a nominally private entity are attributable tothe state when: (1) the entity acts pursuant to the “coercive power” of the state or is “controlled” by the state (“the compulsion test”); (2) when the state provides “significant encouragement” to the entity,the entity is a “willful participant in joint activity with the [s]tate,” or the entity’s functions are“entwined” with state policies (“the joint action test” or “close nexus test”); or (3) when the entity “has