Holland v. Sebunya

DANA, J.,

with whom, ALEXANDER, J., joins, dissenting.

[¶ 24] Although I concur with sections II and III of the Court’s opinion, I do not agree with section I because I believe the trial court erred in granting a summary judgment on Holland’s claim against Se-bunya brought pursuant to 42 U.S.C.A. § 1983 alleging a deprivation of his First Amendment right to free expression. Holland has generated a genuine issue of material fact regarding whether Sebunya’s act of preventing him from speaking at the *214Executive Committee meeting constituted state action.

[¶ 25] This Court has stated that a summary…