Brunette

Glenda Brunette (“Brunette”) sued Tim Dewar (“Dewar”) and the Ojai Valley News (“Ojai News”) (collectively “the Media”), under 42 U.S.C. § 1983 , for violating her Fourth Amendment rights during an illegal search of her property. The district court dismissed Brunette’s claim because she did not allege facts sufficient to demonstrate that the Media was a state actor. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm the district court’s decision. During the objectionable search of Brunette’s ranch, the Media did not perform any government function or engage in any joint action with the Humane Society of Ventura County (“Humane Society”), which was executing the search warrant. The Media was not a state actor; it was simply a private spectator, photographing and videotaping the search independently and for its own purposes.

*1208 BACKGROUND

Brunette, a 60-year old widow, operates a pedigreed cat breeding business on her eleven acre ranch and avocado farm in the unincorporated portion of Ojai, California. Brunette’s property is rugged and hilly, bordered by Los Padres National Forest. Fencing surrounds the entire property. Entrance…