THOMAS WESLEY NELSON, PLAINTIFF-APPELLANT,
v.
EUGENE STRATTON, ATTORNEY AT LAW, DEFENDANT-APPELLEE
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A retained attorney is not acting under color of state law for purposes of 42 U.S.C. § 1983.
The appellant sued his privately retained attorney, alleging ineffective representation that led to a felony conviction. The district court dismissed …
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PER CURIAM:
Thomas Wesley Nelson has appealed from the district court’s dismissal of his Civil Rights1 complaint which named as defendant the attorney who represented him in a criminal ease. We affirm the ruling below.
The appellant has alleged that the attorney did not accord effective legal representation in several enumerated respects, as the result of which Nelson was convicted of a felony in a Texas state court. Nelson further alleges that the attorney was retained for him by his former employer. The district court held that the complaint failed to state a claim under 42 U.S.C. § 1983, since a retained counsel is not acting under color of state law within the purview of the statute. We agree. United States ex rel. Gittlemacker v. Commonwealth of Pa., E.D. Pa.1968, 281 F.Supp. 175, affirmed 3rd Cir. 1969, 413 F. 2d 84, cert. denied 396 U.S. 1046, 90 S.Ct. 696, 24 L.Ed.2d 691. Our statement in O’Brien v. Colbath, 5th Cir. 1972, 465 F. 2d 358, that “in our opinion [§ 1983] was never intended as a vehicle for prosecuting malpractice suits against court-appointed attorneys” is all the more applicable to suits against one’s former privately-retained counsel. The order appealed from is affirmed.
Affirmed.
. 42 U.S.C. § 1983.
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Richardson v. Les Fleming, 651 F.2d 366 (5th Cir. 1981)
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United States ex rel. George Simmons v. Mr. Robert J. Zibilich, 542 F.2d 259 (5th Cir. 1976)
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Robinson v. Jordan, 494 F.2d 793 (5th Cir. 1974)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States ex rel. Jack & Ethel Gittlemacker v. Cnty. OF Philadelphia, 413 F.2d 84 (3d Cir. 1969)
- Sanchez v. Field, 396 U.S. 1046 (U.S. 1970)
- Lawler v. United States, 396 U.S. 1046 (U.S. 1970)
- O'Brien v. Colbath, 465 F.2d 358 (5th Cir. 1972)