Jim Carmack v. Mark Janny, et al.

Petitioner Jim Carmack is the former Director of the Denver Rescue Mission, a religious ministry that seeks to change lives in the name of Christ. He occasionally agreed—on an informal, pro bono basis— to take in parolees that the State of Colorado requires have a suitable address of record. Parole Officer John Gamez arranged with Mr. Carmack for Respondent Mark Janny to stay at the Mission because he was not welcome at his parents’ home. Once there, Mr. Carmack treated Mr. Janny like any other Mission resident, enrolling him in a program that combined religion, training, and case management. When Mr. Janny, an atheist, objected to the program’s religious components, Mr. Carmack found him not fit for the program. But Officer Gamez convinced Mr. Carmack to let Mr. Janny stay, promising he would comply or return to jail. Mr. Janny refused to comply, and Mr. Carmack asked him to leave the Mission, as he would anyone else, which resulted in Parole Officer Gamez having Janny arrested and returned to jail. Mr. Janny sued Mr. Carmack and Officer Gamez, alleging they violated his First Amendment rights. The district court granted summary judgment for Mr. Carmack. But the Tenth Circuit reversed, holding that Mr. Carmack could be held liable as a state actor in conflict with this Court’s precedent and the rules in five Circuits. The question presented is: Whether the employee of a private, religious nonprofit may be held liable, as a state actor, for making pro bono housing and social services at the nonprofit’s facility contingent on participation in religious programming.