Kirtley

We must decide whether a state-appointed guardian ad litem (“guardian”) acts under color of state law for purposes of 42 U.S.C. § 1983 . Applying the several fact-sensitive tests recognized by this Court, we conclude that the Guardian’s function does not qualify as state action and therefore affirm the district court.

BACKGROUND

This appeal arises from events related to a 1998 child custody modification action in Kistap County, Washington Superior Court. From 1993 to 1998, Lorraine Kirt-ley (“Kirtley”) had been the primary caregiver and legal custodian of her granddaughter, Nicole Heath (“Nicole”). The state proceeding resulted in the transfer of custody of Nicole to Genney Baker, Kirt-ley’s daughter and Nicole’s mother. Kirt-ley responded by filing suit in federal court, raising claims under 42 U.S.C. §§ 1983 & 1985, and Washington tort law.

Kirtley’s complaint alleges she was the victim of a conspiracy to deprive her of custody over her granddaughter. Kirtley named as defendants Thomas Adams (her attorney in the custody action), Diane Frost (a counselor she had hired for Nicole), Carol Rainey (the court-appointed guardian “Guardian Rainey”), Genney and Jason Baker…