Legal Opinion
Kirtley v. Rainey
Court of Appeals for the Ninth Circuit
Decided April 22, 2003No. 01-35740PublishedCited by 106 opinions
1Opinion of the Court
OPINION
MICHAEL DALY HAWKINS, Circuit Judge.
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…
2Cases cited13 opinions
- West v. AtkinsSupreme Court of the United States · 1988
- Polk County v. DodsonSupreme Court of the United States · 1981
- Rendell-Baker v. KohnSupreme Court of the United States · 1982
- Brentwood Academy v. Tennessee Secondary School Athletic Assn.Supreme Court of the United States · 2001
- Dennis v. SparksSupreme Court of the United States · 1980
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3Cited by106 opinions
- Florer v. Congregation Pidyon Shevuyim, N.A.Court of Appeals for the Ninth Circuit · 2011
- Caviness v. Horizon Community Learning Center, Inc.Court of Appeals for the Ninth Circuit · 2010
- Kirtley v. RaineyCourt of Appeals for the Ninth Circuit · 2003
- Hsien I. Peng v. Mei Chin Penghu Jonathan Hu S. Gage, Los Angeles County Deputy, Badge No. 406857, Sued IndividuallyCourt of Appeals for the Ninth Circuit · 2003
- George v. Sonoma County Sheriff's DepartmentDistrict Court, N.D. California · 2010
101 more not listed; retrieve them via the Exa API.