In Florer v. Congregation Pidyon Shevuyim, (9th Cir., April 15, 2011), the U.S. 9th Circuit Court of Appeals held that a Jewish organization that contracted with the Washington State Department of Corrections to furnish Jewish chaplains for prisoners was not a “state actor” for purposes of 42 USC 1983 or RLUIPA when it denied an inmate a Torah, a Jewish calendar and a visit by a rabbi on the ground that the inmate was not Jewish. The court concluded that the organization’s policy to furnish services only to inmates that are Jewish according to its criteria is its own policy, not that of the state. Nor was the organization or its chaplain carrying out a “public function” when they denied religious materials and services to plaintiff. The court also rejected plaintiff’s “joint action” argument. Thus the court dismissed plaintiff's lawsuit since private parties not acting on behalf of or jointly with the state are not liable under Sec. 1983 or RLUIPA.
