Caviness

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL CAVINESS, 

Plaintiff-Appellant, No. 08-15245 v.  D.C. No.

CV-07-00635-FJM

HORIZON COMMUNITY LEARNING

CENTER, INC.; LAWRENCE PIERATT, OPINION

Defendants-Appellees.  Appeal from the United States District Court for the District of Arizona Frederick J. Martone, District Judge, Presiding

Argued and Submitted June 9, 2009—San Francisco, California

Filed January 4, 2010

Before: Stephen S. Trott, M. Margaret McKeown, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta

61 CAVINESS v. HORIZON COMMUNITY LEARNING

COUNSEL

David C. Larkin, David. C. Larkin P.C., Tempe, Arizona, for the appellant.

Sally A. Odegard and Larry J. Wulkan, Holloway, Odegard, Forrest & Kally, P.C., Phoenix, Arizona, for the appellees. CAVINESS v. HORIZON COMMUNITY LEARNING

OPINION

IKUTA, Circuit Judge:

This appeal requires us to decide whether a private non- profit corporation that runs a charter school1 in Arizona was a state actor under 42 U.S.C. § 1983 when it took certain employment-related actions with respect to a former…