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9th Circuit: Religious Group In Prison Is "State Actor"

By Howard M. Friedman

In Florer v. Congregation Pidyon Shevuyim, (9th Cir., May 5, 2010), the 9th Circuit held that a Jewish organization which had contracted with the Washington Department of Corrections to provide Jewish religious services to prisoners acted under color of state law and not merely as a private party for purposes of a prisoner's RLUIPA claim. At issue was the denial of a prisoner's request for a kosher diet, a Jewish calendar, a Torah and consultation with a rabbi because the prisoner failed to complete a questionnaire that the organization would use to determine whether he was Jewish. The court, emphasizing the fact-specific nature of the inquiry, said:

Here, although Congregation's decision to limit Florer's access to religious materials may have had a religious component, that characteristic does not alter that Congregation's conduct was a direct delegation of the DOC's constitutional duty to provide appropriate access to religious materials. If Congregation had instead been sued for its performance of religious activities that the state could not conduct itself, such as delivering sermons or praying for healing, Congregation could not be held liable as a state actor because such religious conduct would lack "joint effort" between the state and Congregation.

Full post as published by Religion Clause on May 06, 2010 (boomark / email).