P.R.B.A.
Corp v. HMS Host Toll Roads, Inc.
December 10, 2015
Commercial Law, Constitutional Law,
Corporation & Enterprise Law, Government Law
(United States Second Circuit) - 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.
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