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KIRTLEY v. RAINEY

No. 01-35740.

326 F.3d 1088 (2003)

Lorraine KIRTLEY, Plaintiff-Appellant, v. Carol H. RAINEY, and the marital community; Roy Rainey, and the marital community; Thomas Adams, and the marital community; Jane Doe Adams, and the marital community; Genney Opinion Baker, and the marital community; Jason Baker, and the marital community; Diane Frost, a single woman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn October 2, 2002.

Resubmitted March 6, 2003.

Filed April 22, 2003.

Attorney(s) appearing for the Case

Marilyn R. Gunther, Kent, Washington, for the appellant.

Clayton E. Longacre, Longacre and Adams Law Office, Port Orchard, Washington, for appellee P. Thomas Adams.

Kathleen Q. Lappi, The Rife Law Firm, Silverdale, Washington, for appellees Genney and Jason Baker.

Gregory B. Curwen and Joseph A. Hamell, Gierke, Curwen, Metzler & Erie, P.S., Tacoma, Washington, for appellee Diane Frost.

Before NOONAN, HAWKINS, and GOULD, Circuit Judges.

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...

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