United States Second Circuit
P.R.B.A. Corp v. HMS Host Toll Roads, Inc., 15-1538
In an action challenging the removal of plaintiff gentleman's club brochures from service plazas along the Garden State Parkway and Atlantic City Expressway, leased from New Jersey state authorities and operated by defendant, the district court's grant of summary judgment is affirmed where: 1) defendant is not a state actor under the entwinement test of Brentwood v. Tenn. Secondary Sch. Athletic Ass'n, 531 U.S. 288 (2001); and 2) the presence of government signs and images of state officials in service plazas, without more, does not constitute pervasive entwinement between the state and a private entity.
Appellate Information
- Published 2015/12/10
Judges
- SMITH
Court
- United States Second Circuit