Mary Smith v. Heritage Ranch Owners Assn

MEMORANDUM

Smith appeals the district court’s grant of summary judgment to defendants on her claim under 42 U.S.C. § 1983 . Smith also appeals the jury verdict for defendants on her claim under 42 U.S.C. § 1982 . We affirm.

1. The district court properly granted summary judgment on Smith’s claim under 42 U.S.C. § 1983 . The record does not show that the defendants were performing a public function that is “traditionally the exclusive prerogative of the state,” Rendell-Baker v. Kohn, 457 U.S. 830, 842 , 102 S.Ct. 2764 , 73 L.Ed.2d 418 (1982) (quoting Jackson v. Metro. Edison Co., 419 U.S. 345, 353 , 95 S.Ct. 449 , 42 L.Ed.2d 477 (1974)), or that there exists “such a ‘close nexus between the State and the challenged action’ that seemingly private behavior ‘may be fairly treated as'that of the State itself,’ ” Brentwood Academy v. Tenn. Secondary Sch. Athletic Ass’n, 531 U.S. 288, 295 , 121 S.Ct. 924 , 148 L.Ed.2d 807 (2001) (quoting Jackson , 419 U.S. at 351 , 95 S.Ct. 449 ). The conduct of Heritage Ranch Owners Association and its security guards was private and not state action.

2. The district court did not err by instructing the jury that § 1982 protected against interference…