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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 PASADENA REPUBLICAN CLUB, ) No. 2:18 cv-09933 AWT-AFM
)
12 Plaintiff, )
v. ) ORDER RE MOTIONS:
13 WESTERN JUSTICE CENTER; CITY )
OF PASADENA, CALIFORNIA; and ) (1) TO DISMISS [26]; and
14 JUDITH CHIRLIN, )
) (2) FOR SUMMARY JUDGMENT
15 Defendants. ) [27]
______________________________ )
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18 The Pasadena Republican Club alleges that the Western
19 Justice Center, a private nonprofit organization,
20 discriminates on the basis of political and religious
21 viewpoint in the rental of event space to outside groups, in
22 violation of the First Amendment. The Club has sued the
23 Center, the Center’s former executive director, and the City
24 of Pasadena, which owns the property and leases it to the
25 Center, under 42 U.S.C. § 1983. It has also asserted an
26 additional claim against Judith Chirlin, the former executive
27 director of the Center, under 42 U.S.C. § 1985(3). The Center
28 and Chirlin have moved to dismiss the first amended complaint
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1 under Fed. R. Civ. P. 12(b)(6). ECF 26. The City has moved
2 for summary judgment under Fed. R. Civ. P. 56. ECF 27.
3 The court will grant the Center’s and Chirlin’s motion to
4 dismiss because the complaint does not plausibly allege that
5 the Center and Chirlin were acting under color of state law,
6 as § 1983 requires, or that the City was involved in the
7 alleged conspiracy, as § 1985(3) requires. Although a
8 symbiotic relationship existed to some degree between the
9 Center and the City, this case is distinguishable from Burton
10 v. Wilmington Parking Authority, 365 U.S. 715 (1961), upon
11 which the Club relies, because, among other things, the
12 property was not partly maintained by the City, the City did
13 not knowingly accept the benefits of the alleged
14 discrimination and the Center’s involvement was not
15 indispensable to the City’s financial success. Under the
16 facts and circumstances alleged here, the City has not “so far
17 insinuated itself into a position of interdependence with [the
18 Center] that it must be recognized as a joint participant in
19 the challenged activity.” Id. at 725.
20 The court also will grant the City’s motion for summary
21 judgment, because the record does not support the conclusion
22 that the alleged constitutional violations were caused by a
23 City policy or custom, as required to establish municipal
24 liability under § 1983. See Monell v. Dep’t of Soc. Servs. of
25 City of N.Y., 436 U.S. 658, 694 (1978). The policies at issue
26 here regarding the rental of the Center’s premises to outside
27 groups were those of the Center, not those of the City.
28 Although the Club contends that the City delegated final
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1 Cir. 1982) (same), and Ward v. Connor, 657 F.2d 45, 48 (4th
2 Cir. 1981) (same), with Word of Faith World Outreach Ctr.
3 Church, Inc. v. Sawyer, 90 F.3d 118, 124 (5th Cir. 1996)
4 (religion not covered); also compare Cameron v. Brock, 473
5 F.2d 608, 610 (6th Cir. 1973) (politically motivated animus
6 covered), with Perez-Sanchez v. Pub. Bldg. Auth., 531 F.3d
7 104, 108-09 (1st Cir. 2008) (O’Connor, J.) (political animus
8 not covered).
9 Because the court dismisses the § 1985(3) claim on the
10 alternative ground that the complaint does not plausibly
11 allege state involvement, it need not reach this question, and
12 it declines to do so.
13 II. Summary Judgment
14 As noted above, the complaint asserts three causes of
15 action against the City, each of which arises under § 1983.13
16 The City’s summary judgment motion argues that the City is
17 entitled to judgment as a matter of law on these claims
18 because the Club has not identified any City “policy or
19 custom” that was the moving force behind any alleged violation
20 of the Club’s constitutional rights, as required under Monell.
21 ECF 27. In response, the Club argues, first, that Monell’s
22 policy or custom requirement does not apply here and, in the
23 alternative, that Monell is satisfied because the City has
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25 The City’s summary judgment motion is also directed
against the fourth cause of action, which is predicated on a
26 violation of § 1985(3). But that cause of action is alleged
only against defendant Chirlin. Thus, the court treats that
27 portion of the City’s summary judgment motion as surplusage
and need not address it.
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1 Alternatively, the Club may notify the court that it does not
2 intend to amend, or if the Club fails to file a second amended
3 complaint within the time allowed, judgment shall be entered
4 in favor of Chirlin and the Center in accordance herewith.
5 The City’s motion for summary judgment (ECF 27)is
6 granted.15 Partial judgment in favor of the City shall be
7 entered.
8 Dated: December 30, 2019.
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10 /s/ A. Wallace Tashima
A. WALLACE TASHIMA
11 United States Circuit Judge
Sitting by Designation
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22 (...continued)
Waiver has not been raised in this case and it remains to be
23 seen to what extent San Juan Capistrano affects, in district
court, a party’s right to amend recognized in Smith v. Lopez.
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Although, in limited circumstances, the Court has
25 the discretion to permit a complaint to be amended after the
grant of summary judgment, see Nguyen v. United States, 792
26 F.2d 1500, 1503 (9th Cir. 1986) (“Granting leave to amend
after summary judgment is . . . allowed at the discretion of
27 the trial court”), the Club has not sought further leave to
amend. Moreover, it appears that further amendment with
28 respect to the City would be futile.
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