Phyllis Smith v. North Star Charter School

MEMORANDUM

Phyllis Smith, the former principal of North Star Charter School, appeals from the district court’s grant of summary judgment to all defendants in this § 1988 action. We affirm.

1. The district court granted summary judgment to defendants Baird & Co., Blandford, Buck, and Buck Financial Ad-visors LLC on the grounds that they were not state actors and thus not subject to § 1988 liability. We review that determination de novo. Caviness v. Horizon Cmty. Learning Ctr., Inc., 590 F.3d 806, 811 (9th Cir.2010) (citing Lee v. Katz, 276 F.3d 550, 553 (9th Cir.2002)). Smith argues that these defendants’ conduct satisfies the “joint action” test for state actor liability. We disagree. The joint action test requires that the private parties have participated in the “activity which deprive[d] [Smith] of constitutional rights.” Brunette v. Humane Soc’y of Ventura Cnty., 294 F.3d 1205, 1211 (9th Cir.2002) (citation omitted). As Smith’s complaint makes clear, that activity was the defendant school board’s firing of Smith. There is no evidence to support the conclusion that these defendants participated in the decision to fire Smith. Smith points to a letter that directed the school’s…