Florer

Florer v. Congregation Pidyon Shevuyim, N.A.

Good Law
603 F.3d 1118·2010 WL 1780867·2010 U.S. App. LEXIS 9209
United States Court of Appeals for the Ninth CircuitMay 5, 2010No. 07-35866California4,573 words

Opinion

Lead Opinion

Gould, J.

Dennis Florer, a Washington State prisoner, appeals the district court’s summary judgment in Florer’s 42 U.S.C. § 1983 and Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”) action against Congregation Shevuyim, N.A., a Jewish organization that contracted with the prison to provide Jewish religious services to prisoners; Jewish Prisoners Services International, an outreach program of the congregation; and Gary Friedman, president of the congregation and chairman of Jewish Prisoners Services International (collectively “Congregation”). Florer alleged that the defendants improperly denied or substantially burdened his access to Jewish religious materials and services. The district court granted summary judgment for the appellees, concluding that they were not liable because they were private parties who did not act under color of state law. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because we conclude, viewing the evidence in the light most favorable to Florer, that these private parties acted under color of state law, we reverse the district court and remand for further proceedings not inconsistent with this opinion.

I

Congregation Pidyon Shevuyim,…

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