P.R.B.A. Corp. v. HMS Host Toll Roads, Inc., 808 F.3d 221

Bare Exposure's brochure was removed from CTM display racks in Host service plazas.
Host leases service plazas from the Garden State Parkway and Atlantic City Expressway authorities; the Authorities are not involved in Host’s day-to-day operations.
CTM contract required Host to approve all brochures prior to placement; CTM and Host, not the Authorities, were parties to the contract.
The decision to remove Bare Exposure’s brochures was made by Host employee Greg Dion, who did not consult with the Authorities or review any NJ Administrative Code provisions.
The leases do not govern brochure placement, and there is no evidence of explicit governmental direction or control over Host’s brochure decisions.
Bare Exposure sued under §1983; the District Court granted Host summary judgment; this Court affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Host's action is state action under entwinement test.	Bare Exposure contends state action via entwinement.	Host argues no pervasive entwinement; actions were private.	No state action; entwinement not shown.

Brentwood v. Tennessee Secondary School Athletic Association, 531 U.S. 288 (2001) (establishes close nexus inquiry for state action)
Crissman v. Dover Downs Entm’t Inc., 289 F.3d 231 (2002) (en banc; regulation alone not state action)
Gannett Satellite Information Network, Inc. v. Berger, 894 F.2d 61 (2d Cir. 1990) (explicit governmental involvement required for attribution)
Marie v. American Red Cross, 771 F.3d 344 (6th Cir. 2014) (mere cooperation not enough; need pervasive entwinement)
Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961) (symbiotic relation test; facts not present here)
Rendell-Baker v. Kohn, 457 U.S. 830 (1982) (state action analysis; attribution question)
S. F. Arts & Athletics, Inc. v. U. S. Olympic Comm., 483 U.S. 522 (1987) (mere governmental insignia without control not state action)