971 F. Supp. 2d 340
E.D.N.Y2013Background
- Patricia Lynch, an animal-rights journalist/advocate, previously won a § 1983 First Amendment jury verdict against the Town of Southampton (Lynch I) for terminating her volunteer role after she sued the Town over shelter euthanasia policies.
- In late 2009 the Town contracted the Southampton Animal Shelter Foundation (Foundation) to operate the shelter; the Agreement made the Foundation solely responsible for recruiting, hiring, and terminating volunteers while Town animal control officers (including Bambrick) remained Town employees and worked at the same facility.
- On January 7, 2010 Lynch sought to volunteer under the Foundation; she was asked to complete a new volunteer application that asked whether applicants had been party to litigation; she answered yes and listed prior matters including Lynch I.
- Foundation personnel, principally Personnel Director Kelly, consulted with counsel and others and denied Lynch’s volunteer application on January 12, 2010 citing disruptive conduct, litigious history, reports from shelter staff, and protection of Foundation interests; Lynch sued alleging retaliation in violation of §§ 1983, 1985, and 1986.
- Defendants moved for summary judgment and Lynch cross-moved; the court granted summary judgment dismissing Lynch’s §§ 1985 and 1986 claims, held the public-function test inapplicable as a matter of law, but denied summary judgment on whether the Foundation acted under color of state law (compulsion/joint-action tests) and denied summary judgment on Lynch’s § 1983 retaliation and conspiracy claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Foundation’s denial of Lynch’s volunteer application is state action under § 1983 (compulsion test) | Kelly and Foundation were influenced/controlled by Town (e.g., Bambrick’s involvement, forwarded emails, prior Town reports) | Agreement delegated volunteer decisions to Foundation; Foundation independently developed application and made decision without Town coercion | Denied summary judgment — material facts dispute; jury must decide whether Town coerced or significantly encouraged Foundation’s decision |
| Whether Foundation’s conduct is state action under § 1983 (close-nexus/joint-action) | Town and Foundation were entwined (shared facility, Bambrick as Town employee and shelter supervisor, prior Town interest in Lynch) | No sufficient nexus or symbiosis; Foundation acted independently on personnel matters | Denied summary judgment — disputed facts on nexus require jury resolution |
| Whether Foundation is a state actor under the public-function test | Denial of volunteering in a public building is state action; operation of shelter is public function | Foundation only managed shelter operations; animal-control powers remained with Town; personnel decisions are not traditionally exclusive state functions | Granted for Defendants — public-function test does not apply to volunteer/personnel decision here |
| Whether Lynch can maintain § 1985 and § 1986 claims | (Whistleblower/retaliation) conspiracy amounts to class-based animus | § 1985 requires invidious, class-based animus; whistleblowers are not a protected class under § 1985 | Granted for Defendants — §§ 1985 and 1986 claims dismissed |
Key Cases Cited
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard for genuine issues of material fact)
- Polk County v. Dodson, 454 U.S. 312 (state-action: acting under color of state law defined)
- West v. Atkins, 487 U.S. 42 (private actors liable under § 1983 when abusing state-granted authority)
- Lugar v. Edmondson Oil Co., 457 U.S. 922 (state-action attribution test)
- Brentwood Acad. v. Tennessee Secondary Sch. Athletic Ass’n, 531 U.S. 288 (tests for attributing private conduct to the state)
- Blum v. Yaretsky, 457 U.S. 991 (limitations on finding private action attributable to the state)
- Rendell-Baker v. Kohn, 457 U.S. 830 (compulsion/control and public function analyses)
- Burton v. Wilmington Parking Auth., 365 U.S. 715 (symbiotic-relationship/joint-action test)
- Jackson v. Metropolitan Edison Co., 419 U.S. 345 (public-function test narrowness)
- Fabrikant v. French, 691 F.3d 193 (animal control can be state police power but personnel decisions need not be state action)
- Manganiello v. City of New York, 612 F.3d 149 (credibility/weighing of evidence are jury functions)