Robison v. Canterbury Village, Inc.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Arguably, our consideration of the merits of this appeal from the district court’s grant of summary judgment for one of the two defendants on the ground that there was an insufficient showing of state action to support the constitutional and civil rights violations alleged inserts us into the fray sooner than prudentially sound because the second defendant is not before us. This anomalous situation arises from the somewhat unusual procedural history outlined below.

I

Procedural History

Plaintiffs (collectively referred to as “Ro-bison”), who at times…