OTHA LEE CONLEY, APPELLANT,
v.
OFFICE OF THE PUBLIC DEFENDER, SIXTH JUDICIAL DISTRICT OF ARKANSAS, PULASKI AND PERRY COUNTIES, APPELLEE
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Witnesses are absolutely immune from civil rights actions under 42 U.S.C. § 1983 for testimony given in judicial proceedings.
An inmate sued a deputy public defender under 42 U.S.C. § 1983, alleging the defender conspired to convict him by giving false testimony about a sugge…
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PER CURIAM.
Otha Lee Conley appeals from the district court’s1 order of December 31, 1980, dismissing his civil rights suit filed pursuant to 42 U.S.C. § 1983. Conley, an inmate at the Arkansas Department of Corrections, alleged in his complaint that: (1) on September 4, 1978, William R. Simpson, a Deputy Public Defender for the Sixth Judicial District of Arkansas, was requested to witness a (police) lineup in which Conley, an indigent person, appeared; (2) the lineup was clearly suggestive and Simpson did nothing to ensure its fairness; (3) Conley was picked by the rape victim as her assailant; (4) Simpson subsequently appeared at plea and arraignment proceedings with Conley but Conley retained other legal counsel for the trial of the case; (5) at trial, Conley challenged the fairness of the September 4 lineup but Simpson testified for the State that the procedures of the lineup were consistent with procedures followed in other lineups; (6) Simpson gave false testimony in a conspiracy to convict appellant Conley of rape. The district court dismissed Conley’s complaint. We affirm.
The district court correctly dismissed the petition on the basis of witness immunity. Witnesses are absolutely immune from section 1983 remedy actions arising from their testimony in judicial proceedings. Myers v. Bull, 599 F. 2d 863, 866 (8th Cir.), cert. denied, 444 U.S. 901, 100 S.Ct. 213, 62 L.Ed.2d 138 (1979). Furthermore, the office of the Public Defender for the Sixth Judicial District of Arkansas cannot be liable for the actions of its employees without a showing of direct responsibility. See Rizzo v. Goode, 423 U.S. 362, 375-376, 96 S.Ct. 598, 606-607, 46 L.Ed.2d 561 (1976). Conley’s allegations should be raised in a habeas corpus proceeding in the state courts of Arkansas. Section 1983 does not afford him a remedy.
The district court’s dismissal is affirmed.
. The Honorable William Overton, United States District Judge, Eastern District of Arkansas.
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Cited By
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Chauncey Marvin Holt v. Castaneda, 832 F.2d 123 (9th Cir. 1987)
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Williams v. Hepting, 844 F.2d 138 (3d Cir. 1988)
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Snelling v. Westhoff, 972 F.2d 199 (8th Cir. 1992)
Authorities Cited
- Rizzo v. Goode, 423 U.S. 362 (U.S. 1976)
- Myers v. Bull, 599 F.2d 863 (8th Cir. 1979)
- Myers v. Bull, 444 U.S. 901 (U.S. 1979)
- Hargrove v. City of Garland, 444 U.S. 901 (U.S. 1979)