Florer v. Congregation Pidyon, et al, No. 07-35866 (9th Cir. 2011)Annotate this Case
Plaintiff, a Washington State prisoner, filed a 42 U.S.C. 1983 and Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") action against defendants who are private entities that operate as chaplains within the Washington State prison system. At issue was whether defendants were state actors for purposes of section 1983 and RLUIPA when they declined plaintiff's request for a Torah, a Jewish calendar, and a rabbi visit on the ground that they did not consider him to be Jewish. The court held that defendants were not state actors where defendants' actions did not present the required "close nexus between the State and the challenged action" when plaintiff's alleged deprivation was not caused by the exercise of governmental policy and when there was no evidence that defendants were state actors under the public-function analysis and the joint participation analysis.
This is a revision of a Previous Opinion originally issued on July 14, 2010.