This does NOT mean that the Civil Rights Act has no application against States. First, in theory, you could sue a State in "State" Court, alleging a Civil Rights Act violation; although, it is not often an "entity" is responsible for a civil rights violation. Second, and more importantly, individual State actors can be sued in Federal Courts. For instance, in the prison setting, a prison guard can be sued for beating up a prisoner and, typically, the State will pay for any damages awarded.

With the popular notion of governments "outsourcing" governmental functions to private agencies, it is of increasing importance in modern life that private entities and actors can also be sued in Federal Court for violations of a person’s civil rights. This is true if a private entity or actor performs a traditional governmental function (like "private" prisons or probation), those who contract with governmental entities, or those who cause a governmental entity or actor to violate a person’s civil rights (like falsely accusing someone of a crime or in a conspiracy).