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CAVINESS v. HORIZON COMMUNITY LEARNING CENTER

No. 08-15245.

590 F.3d 806 (2009)

Michael CAVINESS, Plaintiff-Appellant, v. HORIZON COMMUNITY LEARNING CENTER, INC.; Lawrence Pieratt, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 4, 2010.

Attorney(s) appearing for the Case

David C. Larkin, David C. Larkin P.C., Tempe, AZ, for the appellant.

Sally A. Odegard and Larry J. Wulkan, Holloway, Odegard, Forrest & Kelly, P.C., Phoenix, AZ, for the appellees.

Before: STEPHEN S. TROTT, M. MARGARET McKEOWN, and SANDRA S. IKUTA, Circuit Judges.

IKUTA, Circuit Judge:

This appeal requires us to decide whether a private non-profit corporation that runs a charter school1 in Arizona was a state actor under 42 U.S.C. § 1983 when it took certain employment-related actions with respect to a former teacher, Michael Caviness. The district court held that Horizon Community Learning Center ("Horizon") and its executive director, Lawrence Pieratt, were not functioning as state actors...

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