Facts

Delores Polk provided homebased care to her daughter with disabilities who was enrolled in the In-Home Supportive Services Program. The IHSS, through the State Controller, paid for services provided to enrollees. Upon becoming a provider in Solano county, Polk automatically became subject to an exclusive bargaining representative. Polk later sued the State Controller and her union under 42 U.S.C. Section 1983 for issues concerning payment of dues.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants did not receive plaintiffs' authorization to withdraw dues from plaintiffs as defendants were. Plaintiffs also contended that IHSS providers did not agree to the dues that were being deducted from them in violation of the First Amendment. Moreover, the statute establishing the IHSS insulated plaintiffs from such deductions from payments in exchange for their rendered services.

DEFENDANT'S CONTENTIONS: Defendant contended the case should be dismissed for several reasons. First, the union authorization agreements were not a violation of the First Amendment because they were merely binding contracts to pay dues. No First Amendment right to renege on contractual commitments existed to bolster plaintiffs' claims. Moreover, the Union was not a state actor therefore its action could not be attributable to the state. Since there was no state action, a constitutional claim could not satisfy section 1983's state action requirement to bring suit. Moreover, defendant contended that no additional statutes applied to create any individual rights to bolster plaintiffs' claims.

Result

The court granted defendants' motion to dismiss with prejudice.