Janny v. Gamez

Decision Date06 August 2021
Docket NumberNo. 20-1105,20-1105
Citation8 F.4th 883
Parties Mark JANNY, Plaintiff - Appellant, v. John GAMEZ; Jim Carmack; Tom Konstanty, Defendants - Appellees. Muslim Advocates; Central Conference of American Rabbis; Disciples of Christ ; Global Justice Institute; Hindu American Foundation; Interfaith Alliance Foundation ; Men of Reform Judaism; National Council of Churches; Reconstructing Judaism; Reconstructionist Rabbinical Association ; Samuel Dewitt Proctor Conference ; Sikh American Legal Defense Fund; Union of Reform Judaism; Unitarian Universalist Association ; Women of Reform Judaism; Wyoming Interfaith Network, Amici Curiae.
CourtU.S. Court of Appeals — Tenth Circuit

Charles B. Wayne, DLA Piper LLP, Washington, DC (Richard B. Katskee and Alexander J. Luchenitser, Americans United for Separation of Church and State, Washington, DC; Daniel Mach and Heather L. Weaver, ACLU Program on Freedom of Religion and Belief, Washington, DC, with him on the briefs), for PlaintiffAppellant.

Gregory R. Bueno, Assistant Attorney General, Civil Litigation & Employment Section (Philip J. Weiser, Attorney General, with him on the brief), Colorado Attorney General's Office, Denver, Colorado, for DefendantAppellee John Gamez.

John Lebsack (John Craver, Doug Poling and Jack R. Stokan on the brief), White and Steele, P.C., Denver, Colorado, for DefendantsAppellees Jim Carmack and Tom Konstanty.

Matthew W. Callahan, Muslim Advocates, Washington, DC, filed a brief on behalf of Amici Muslim Advocates, Central Conference of American Rabbis, Disciples of Christ, Global Justice Institute, Hindu American Foundation, Interfaith Alliance Foundation, Men of Reform Judaism, National Council of Churches, Reconstructing Judaism, Reconstructionist Rabbinical Association, Samuel DeWitt Proctor Conference, Sikh American Legal Defense Fund, Union of Reform Judaism, Unitarian Universalist Association, Women of Reform Judaism, and Wyoming Interfaith Network, in support of PlaintiffAppellant.

Before McHUGH, Circuit Judge, LUCERO, Senior Circuit Judge, and CARSON, Circuit Judge.

McHUGH, Circuit Judge.

Mark Janny was released from jail on parole in early 2015. His parole officer, John Gamez, directed Mr. Janny to establish his residence of record at the Rescue Mission in Fort Collins, Colorado, and to abide by its "house rules." After arriving at the Mission, Mr. Janny learned he had been enrolled in "Steps to Success," a Christian transitional program involving mandatory prayer, bible study, and church attendance. When Mr. Janny objected, citing his atheist beliefs, he alleges both Officer Gamez and Jim Carmack, the Mission's director, repeatedly told him he could choose between participating in the Christian programming or returning to jail. Less than a week later, Mr. Carmack expelled Mr. Janny from the Mission for skipping worship services, leading to Mr. Janny's arrest on a parole violation and the revocation of his parole.

Mr. Janny brought a 42 U.S.C. § 1983 suit against Officer Gamez, Mr. Carmack, and the Mission's assistant director, Tom Konstanty, alleging violations of his First Amendment religious freedom rights under both the Establishment and Free Exercise Clauses. The district court granted summary judgment to all three defendants, finding Mr. Janny had failed to (1) adduce evidence of an Establishment Clause violation by Officer Gamez, (2) show Officer Gamez violated any clearly established right under the Free Exercise Clause, or (3) raise a triable issue regarding whether Mr. Carmack and Mr. Konstanty were state actors, as required to establish their liability under either clause.

Exercising jurisdiction under 28 U.S.C. § 1291, we reverse the district court's order as to Officer Gamez and Mr. Carmack, and we affirm as to Mr. Konstanty. Viewed in the light most favorable to Mr. Janny, the evidence creates a genuine dispute of material fact regarding his claims under both the Establishment and Free Exercise Clauses. And because the basic right to be free from state-sponsored religious coercion was clearly established under both clauses at the time of the events, Officer Gamez is not entitled to qualified immunity on either claim. We further hold the evidence sufficient for a jury to find Mr. Carmack was a state actor, as required to impose § 1983 liability on private parties. However, because no facts link Mr. Konstanty to Officer Gamez, the evidence is legally insufficient for a jury finding that Mr. Konstanty acted under color of state law.

I. BACKGROUND
A. Factual History1

In early December 2014, Mark Janny began 24 months’ parole with the Colorado Department of Corrections. His assigned parole officer was John Gamez.

Later that month, Mr. Janny was arrested for violating curfew and failing to appear for a required parole appointment. Officer Gamez sought revocation of Mr. Janny's parole on this basis. Mr. Janny was jailed until early January 2015. Several days later, Mr. Janny was again arrested for violating curfew and again jailed, this time until early February, when the Colorado Parole Board dismissed Officer Gamez's parole revocation complaint without prejudice.

Upon Mr. Janny's release the night of February 2, 2015, his friend collected him from the jail. Mr. Janny spent that night at this friend's house in Loveland, Colorado.

The next morning, February 3, Mr. Janny's friend drove Mr. Janny to a meeting with Officer Gamez at the Fort Collins parole office. As a standard condition of parole, Mr. Janny was required to establish a "residence of record" where he would remain each night. App. 221. Having been kicked out of his parents’ house, Mr. Janny proposed the home of his friend in Loveland, who had consented to hosting Mr. Janny while on parole. Officer Gamez rejected this proposed residence because he believed Mr. Janny's friend was involved in illegal drug use.

Mr. Janny's parole agreement also required him to follow the directives of his parole officer. At the February 3 meeting, Officer Gamez issued a written parole directive for Mr. Janny to establish the Fort Collins Rescue Mission (the "Mission") as his residence of record "and abide by all house rules as established." App. 251. The directive stipulated that any violation of these "house rules" would lead to Mr. Janny "being placed at Washington County jail to address the violation." App. at 251. There was no discussion about what was meant by "house rules."

Officer Gamez explained that he was friends with Jim Carmack, the Mission's director, and that the two of them had arranged for Mr. Janny's stay at the Mission. Officer Gamez told Mr. Janny he was to stay there until Officer Gamez could reinstate the parole revocation complaint and bring Mr. Janny in front of the Parole Board. Mr. Janny objected to staying at the Mission, and asked to speak with Officer Gamez's supervisor, Lorraine Diaz de Leon. Officer Gamez said Ms. Diaz de Leon had already approved the directive and was unavailable to speak to Mr. Janny.

Both Mr. Janny and Officer Gamez signed the directive establishing the Mission as Mr. Janny's residence of record. Officer Gamez gave Mr. Janny an electronic monitoring device and scheduled a follow-up meeting for the next morning, February 4. Officer Gamez ended the February 3 meeting by telling Mr. Janny to report immediately to the Mission, where staff would be expecting him.

***

The Mission is a Christian community center that provides transitional programs, emergency shelter and meal services, and agency referrals. Its motto is "Changing lives in the name of Christ." App. 281. Among the transitional programs the Mission offered in February 2015 was "Steps to Success," which the parties refer to simply as the "Program." App. 192–93, 477.

Steps to Success "is a 3 to 10 month transitional, Christian-based program that provides men and women help to become productive, self-sufficient citizens," and that "exposes [participants] to the good news of Jesus Christ in a supportive community." App. 197. It combines spirituality—including bible study and Christian worship—with life-skills workshops, "work therapy," and case management. App. at 197. Participants are required to attend a daily morning prayer service and a daily 5:00 p.m. service in the Mission's chapel, in addition to an outside church service each Sunday and several sessions of evening bible study per month. They are also required to observe dorm-style rules, including set mealtimes and curfew, and to refrain from drugs or alcohol. Among the express objectives of Steps to Success is for its participants to achieve "Full program compliance." App. 193.

The Mission also offers emergency overnight shelter services for adults not in one of its transitional programs, as well as hot breakfast and dinner. Those staying in the emergency shelter are not allowed in the Mission prior to 4:30 p.m., and must leave the dorms by 7:00 a.m. each morning.

***

Mr. Janny reported to the Fort Collins parole office at 9 a.m. on February 4 for his scheduled follow-up with Officer Gamez. Officer Gamez told Mr. Janny to report immediately to the parole office if he was kicked out of the Mission, or if the parole office was closed, to report as soon as it opened. Officer Gamez gave Mr. Janny a parole revocation summons mirroring the complaint previously dismissed by the Parole Board. He also programmed Mr. Janny's electronic monitoring device for a 6:00 p.m. daily curfew.

Mr. Janny returned to the Mission at around 10:30 a.m. Upon arrival, he met with Mr. Carmack and Tom Konstanty, the Mission's assistant director. The two Mission officials told Mr. Janny he was enrolled in the Program and orientated him to its "[h]ouse rules." App. 321. They informed Mr. Janny he was required to attend daily morning prayer and evening chapel, twice weekly bible study, and an outside church service on Sunday, and would also be expected to participate in one-on-one religious counseling.

Mr. Carmack further indicated that he was good friends with Officer...

To continue reading

Request your trial
47 cases
  • Bledsoe v. Carreno
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 15 Noviembre 2022
    ...F.3d at 533 —an "agreement upon a common, unconstitutional goal," and "concerted action" taken "to advance that goal," Janny v. Gamez, 8 F.4th 883, 919 (10th Cir. 2021) (internal quotation marks omitted) (quoting Sigmon v. CommunityCare HMO, Inc., 234 F.3d 1121, 1126 (10th Cir. 2000) ). How......
  • Ashaheed v. Currington
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 10 Agosto 2021
    ...by overt religious hostility or prejudice" or "animus." Shrum , 449 F.3d at 1144-45 (quotations omitted); see Janny v. Gamez , 8 F.4th 883, 910–13 (10th Cir. Aug. 6, 2021) (finding a free exercise violation because of "non-neutral coercion or compulsion" by an executive actor who was not mo......
  • Bledsoe v. Carreno
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 15 Noviembre 2022
    ...... at 533-an "agreement upon a common, unconstitutional. goal," and "concerted action" taken "to. advance that goal," Janny v. Gamez, 8 F.4th. 883, 919 (10th Cir. 2021) (internal quotation marks omitted). . 32 . . (quoting Sigmon v. ......
  • Assessment Techs. Inst., LLC v. Parkes
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • 5 Enero 2022
    ..., 943 F.3d 1320, 1325 (10th Cir. 2019) (citing Sanchez v. Vilsack , 695 F.3d 1174, 1180 n.4 (10th Cir. 2012) ).36 Janny v. Gamez , 8 F.4th 883, 900 (10th Cir. 2021) (quoting Speidell v. United States ex rel. IRS , 978 F.3d 731, 740 (10th Cir. 2020) ).37 Id. ("The self-serving nature of a sw......
  • Request a trial to view additional results
1 books & journal articles
  • Prisoners' Rights
    • United States
    • Georgetown Law Journal No. 110-Annual Review, August 2022
    • 1 Agosto 2022
    ...alleged that prison did not apply neutral criteria to determine chaplain hiring needs and did not accommodate Wiccans); Janny v. Gamez, 8 F.4th 883, 908-09 (10th Cir. 2021) (Establishment Clause claim because alleged parole off‌icer coerced atheist parolee’s participation in Christian-based......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT