639 F.3d 916
9th Cir.2011Background
- FlorER, a Washington prisoner, sued CPSNA, JPSI, and Rabbi Friedman under §1983 and RLUIPA for denying Torah, Jewish calendar, and rabbi visits.
- CPSNA contracted with the Washington DOC to provide Jewish religious services; contract chaplains assisted inmates and operated under DOC policies.
- DOC Policy Directives 560.200 and 560.100 described roles of facility and contract chaplains and required reasonable access to religious materials and activities.
- Florer identified as Jewish in 2004 and requested religious materials and a rabbi visit; prison staff referred requests to JPSI/CPSNA.
- Friedman allegedly rejected Florer’s requests, questioning Florer’s Jewish status, and Florer alleged that Defendants had control over access to religious services.
- District court granted summary judgment, holding Florer failed to name state actors; Florer appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether private contract chaplains are state actors. | Florer argues private actors acted under state law through DOC contract. | Defendants contend they are private, not empowered by state policy to deny access. | Not state actors; no government policy or joint action established. |
| Whether the public-function test shows state action. | Defendants’ control over access converts them to state actors. | Religious duties are ecclesiastical, not governmental. | Public-function test not satisfied; functions are ecclesiastical, not governmental. |
| Whether the joint-action/Lugar analysis shows state action. | DOC relied on Defendants’ determinations about Florer’s Jewish status. | No willful joint participation or conspiracy; advice on dogma is not state action. | Joint-action analysis not satisfied; no close nexus. |
Key Cases Cited
- West v. Atkins, 487 U.S. 42 (1988) (private physician contract not automatically state actor)
- Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982) (two-step Lugar framework for state action)
- Sutton v. Providence St. Joseph Med. Ctr., 192 F.3d 826 (9th Cir. 1999) (adopts RFRA/RLUIPA color-of-state-law interpretation)
- Brentwood Acad. v. Tenn. Secondary Sch. Athletic Ass'n, 531 U.S. 288 (2001) (multiple tests for state action; any one may apply)
- Montano v. Hedgepeth, 120 F.3d 844 (8th Cir. 1997) (ecclesiastical function not state action)
- Swift v. Lewis, 901 F.2d 730 (9th Cir. 1990) (willful participation in joint action required)
- Phelps v. Dunn, 965 F.2d 93 (6th Cir. 1992) (volunteer chaplain not state actor absent policy)