COUNTY OF WASHINGTON, OREGON, ET AL.

v.

GUNTHER ET AL.

Citator

Cited By

• Polk Cnty. v. Dodson, 454 U.S. 312 (U.S. 1981)
  …efenders should be entitled to absolute immunity from suit. We granted certiorari to resolve the division among the Courts of Appeals over whether a public defender acts under color of state law when providing representation to an indigent client.4 450 U. S. 963 (1981). We now reverse. HH HH In United States v. Classic, 313 U. S. 299, 326 (1941), this Court held that a person acts under color of state law only when exercising power “possessed by virtue of state law and made possible only because the wrong…
• Franklin v. State OF Or., 662 F.2d 1337 (9th Cir. 1981)
  …and appointed counsel are immune); and Mulligan v. Schlachter, 389 F. 2d 231, 233 (6th Cir. 1968) (per curiam) (appointed counsel does not act under color of state law). But see Dodson v. Polk County, 628 F. 2d 1104 (8th Cir. 1980), cert. granted, 450 U.S. 963, 101 S.Ct. 1478, 67 L.Ed.2d 612 (1981) (public defenders, because they act under color of state law, enjoy only a qualified immunity). In Szi-jarto, we said that when a plaintiff brings a § 1983 action against one who does not act under color of s…