Pasadena Republican Club v. Western Justice Center
985 F.3d 1161
| 9th Cir. | 2021Background
- The City of Pasadena acquired a property and leased it to Western Justice Center (WJC), a private §501(c)(3) nonprofit, under a lease that required WJC to pay all acquisition, rehabilitation, maintenance, and operating costs; WJC pays $1/month rent.
- The Lease limited use to nonprofit law‑related functions and permitted WJC to rent meeting space to outside groups during nonbusiness hours at its discretion.
- Pasadena Republican Club contracted to rent WJC space for an April 20, 2017 talk by John Eastman; WJC rescinded the reservation the afternoon of the event citing the speaker’s affiliation with the National Organization for Marriage and WJC’s mission and reputation.
- The Club sued WJC, WJC’s Executive Director (Judge Judith Chirlin), and the City under 42 U.S.C. § 1983 (First Amendment/state‑action) and § 1985(3) (conspiracy), claiming WJC’s lease made it a state actor and the City liable.
- The district court dismissed for failure to plausibly allege state action or municipal liability; the Ninth Circuit affirmed, holding WJC was not a state actor under the Burton joint‑action/symbiotic‑relationship test and the City had not delegated final policymaking authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether WJC’s lease from the City makes WJC a state actor under the Burton “joint action / symbiotic relationship” test | Lease + public funding/loan and civic mission create interdependence making WJC’s actions attributable to the City | Lease terms, full repayment of loans, $1 rent, and WJC’s independent control show no substantial financial integration or coordination with the City | Not a state actor; Burton’s narrow facts are not met—no substantial financial integration, coordination, or joint operation |
| Whether the City is vicariously liable under §1983 (Monell) because it delegated final policymaking by leasing the property | The City delegated authority over evening rentals, so WJC’s cancellation is municipal policy or final decision | A permissive lease conveying a possessory interest is not delegation of final policymaking; discretionary acts by a lessee are not municipal policy | No Monell liability; lease did not delegate City policymaking authority |
| Whether §1985(3) conspiracy claim against Judge Chirlin stands without a state actor | Alleged conspiracy by WJC agents suffices because WJC is effectively a state actor | §1985(3) requires a state actor in the conspiracy; WJC and its agents are not state actors | Dismissed: Club fails to allege any state actor joined the alleged conspiracy |
| Whether contracting with government or receiving public funds alone converts private actor into state actor | Contract/lease/loans amount to state action | Mere governmental contracting or loans, without more (integration, control, or performing exclusive public functions), does not make private actor state actor | Mere lease/loans insufficient; must show deeper entanglement or performance of traditional public function |
Key Cases Cited
- Burton v. Wilmington Parking Auth., 365 U.S. 715 (1961) (private tenant was state actor where government and tenant were financially and operationally interdependent)
- Rendell‑Baker v. Kohn, 457 U.S. 830 (1982) (receipt of public funds or performance of public contracts does not alone make private actor state actor)
- Brunette v. Humane Soc’y of Ventura Cty., 294 F.3d 1205 (9th Cir. 2002) (no symbiotic relationship absent indispensable financial integration or joint operation)
- Vincent v. Trend W. Tech. Corp., 828 F.2d 563 (9th Cir. 1987) (contractor’s economic dependence on government contract does not alone make it a state actor)
- Rawson v. Recovery Innovations, Inc., 975 F.3d 742 (9th Cir. 2020) (lease and close operational entanglement with state facilities can be one factor in finding state action when the private actor performs state‑like functions)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability under §1983 requires unconstitutional policy, custom, or final policymaker action)
- Pembaur v. City of Cincinnati, 475 U.S. 469 (1986) (single decision by a municipal policymaker can be municipal policy, but discretionary authority alone is not delegation)
- Manhattan Cmty. Access Corp. v. Halleck, 139 S. Ct. 1921 (2019) (private operator of public access channel was not a state actor absent performance of a traditional, exclusive public function)
- Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982) (state‑action inquiry is fact‑bound and normative; §1983 and Fourteenth Amendment state‑action analyses align)