green
Positive treatment
Circuit Split
Quoted verbatim 1×
6.8 score
“a private attorney who is retained to represent a criminal defendant is not acting under color of state law, and therefore is not amenable to suit under 1983.”
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982
2004
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited "but see"
Benham v. Edwards
(2×)
But see Jones v. United States, 432 A.2d 364, 371, 373-74 (D.C.App.1981) (en banc), cert, granted,-U.S.-, 102 S.Ct. 999 , 71 L.Ed.2d 292 (1982) (ipse dixit assertion that presumption of continuing dangerousness and mental illness “is both reasonable and valid.”). .
discussed
Cited "but see"
Benham v. Edwards
(2×)
also: Cited "see"
But see Jones v. United States, 432 A.2d 364, 376 (D.C.1981) (en banc), cert. granted, --- U.S. ----, 102 S.Ct. 999 , 71 L.Ed.2d 292 (1982) (rejecting this reasoning in Brown and Waite and holding that confinement of an insanity acquittee under the D.C.Code is not based on any punitive considerations).
discussed
Cited as authority (quoted)
Ross Matthew Cataffo v. Jackson County Police Department, et al.
a private attorney who is retained to represent a criminal defendant is not acting under color of state law, and therefore is not amenable to suit under 1983.
discussed
Cited "see"
Bingham v. Shaw
See Ward v. Ghee, 8 F.3d 823 , 1993 WL 410357, at *1 (4th Cir. 1993) (“Defense attorneys do not act ‘under color of’ state law and are, therefore, not amenable to suit under § 1983, whether privately retained, Deas v. Potts, 547 F.2d 800 (4th Cir. 1976), appointed by the state, Hall v. Quillen, 631 F.2d 1154, 1155-56 (4th Cir. 1980), cert. denied, 454 U.S. 1141 (1982), or employed as public defenders, Polk County v .
discussed
Cited "see"
Bingham v. Churchill
See Ward v. Ghee, 8 F.3d 823 , 1993 WL 410357, at *1 (4th Cir. 1993) (“Defense attorneys do not act ‘under color of” state law and are, therefore, not amenable to suit under § 1983, whether privately retained, Deas v. Potts, 547 F.2d 800 (4th Cir. 1976), appointed by the state, Hall v. Quillen, 631 F.2d 1154, 1155-56 (4th Cir. 1980), cert. denied, 454 U.S. 1141 (1982), or employed as public defenders, Polk County v. Dodson, 454 U.S. 312, 325 (1981)”).
discussed
Cited "see"
Wagstaff-El v. Ruppersberg
See Hall v. Quillen, 631 F.2d 1154 (4th Cir.1980), cert. denied, 454 U.S. 1141 (1982) (court-appointed counsel's representation is not state action); Lugar v. Edmonson Oil Co., Inc., 457 U.S. 922 (1982) (to fulfill state action requirement, deprivation must result from exercise of right or privilege created by state, and actor's behavior must be attributable to state); cf. Dennis v. Sparks, 449 U.S. 24 (1980) (private defendant acts under color of state law if he acts jointly with state).
cited
Cited "see"
In Re the Personal Restraint of Kolocotronis
See generally Jones v. United States, 432 A.2d 364 (D.C. 1981), cert. granted, 454 U.S. 1141 (1982). *156 Also, petitioner incorrectly identifies the group to which he is similarly situated.
discussed
Cited "see"
Billy Irl Glover v. Bruce Tower, Public Defender of Douglas County, Oregon and Gary Babcock, Public Defender of the State of Oregon
See Hall v. Quillen, 631 F.2d 1154 (4th Cir.1980) (Ferri casts considerable doubt on the continuing validity of Minns), cert. denied, 454 U.S. 1141 , 102 S.Ct. 999 , 71 L.Ed.2d 293 (1982); White v. Bloom, 621 F.2d 276, 280 (8th Cir.1980) (public defenders subject to suit under section 1983), cert. denied, 449 U.S. 995 , 101 S.Ct. 533 , 66 L.Ed.2d 292 (1980), 449 U.S. 1089 , 101 S.Ct. 882 , 66 L.Ed.2d 816 (1981).
discussed
Cited "see"
In Re Corrugated Container Antitrust Litigation. Anchor Hocking Corporation
See In re Corrugated Container Antitrust Litigation, Appeal of John Conboy, 661 F.2d 1145 (7th Cir. 1981) (en banc), cert. granted sub nom., Pillsbury Co. v. Conboy, --- U.S. ----, 102 S.Ct. 998 , 71 L.Ed.2d 292 (1982)
discussed
Cited "see"
Anchor Hocking Corp. v. St. Joe Container Co.
(2×)
See In re Corrugated Container Antitrust Litigation, Appeal of John Conboy, 661 F.2d 1145 (7th Cir. 1981) (en banc), cert. granted sub nom., Pillsbury Co. v. Conboy, 454 U.S. 1141 , 102 S.Ct. 998 , 71 L.Ed.2d 292 (1982).
discussed
Cited "see, e.g."
Thomas P. Budnick v. Barnstable County Bar Advocates, Inc.
Compare Watterson v. Page, No. 92-1224, 1993 WL 23908, at * 5 (1st Cir. Feb. 9, 1993) (assuming, without deciding, that a state court order referring child for counseling to private psychologists provided a sufficient basis for the psychologists to be acting under color of state law) with Hall v. Quillen, 631 F.2d 1154 (4th Cir. 1980) (holding that a court-appointed physician examining a plaintiff in connection with a court-ordered involuntary commitment to a state hospital is not acting under color of state law for purposes of § 1983 liability), cert. denied, 454 U.S. 1141 (1982).
discussed
Cited "see, e.g."
Solinger v. a & M RECORDS, INC.
S. Crocker Co., 670 F.2d 1378 (9th Cir. 1982); see also California State Council of Carpenters v. Associated General Contractors, 648 F.2d 527 , 538 n.18 (9th Cir. 1980), cert. granted, - U.S. -, 102 S.Ct. 998 , 71 L.Ed.2d 292 (1982) (dictum).
Retrieving the full opinion text from the archive…
Marshall, Superintendent, Southern Ohio Correctional Facility
v.
Lonberger
v.
Lonberger
No. 81-420.
Supreme Court of the United States.
Jan 11, 1982.
Cited by 13 opinions | Published
C. A. 6th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted.