Donald R. Humble v. Percy Foreman, Attorney-At-Law, 563 F.2d 780 (5th Cir. 1977). · Go Syfert
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Donald R. Humble v. Percy Foreman, Attorney-At-Law, 563 F.2d 780 (5th Cir. 1977). Cases Citing This Book View Copy Cite
ScopeOverruled by Sidney A. Sparks, R. L. Lynd, D/B/A Sidney A. Sparks, Trustee v. Duval County Ranch Company, Inc. on other grounds: 2 citing opinions limit it to other grounds.
2 on other grounds
How later opinions annotate it (1 example)
Counts are distinct citing opinions whose annotation names this case. The flag stays red when any point is no longer good law; the scope says how far that reaches.
Cite instead
Cite for current doctrine: Sidney A. Sparks, R. L. Lynd, D/B/A Sidney A. Sparks, Tr. v. Duval Cnty. Ranch Co., Inc., 604 F.2d 976 (5th Cir. 1979)
Still-good law most often cited alongside it: Imbler v. Pachtman, 424 U.S. 409 (1976) · Stump v. Sparkman, 435 U.S. 349 (1978) · Hill v. McClellan, 490 F.2d 859 (5th Cir. 1974)
35 citation events (4 in the last 25 years) across 12 distinct courts.
Strongest positive: Wearry v. Foster, 33 F.4th 260 (5th Cir. 2022)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
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Cited for
At page 781 Analyzing immunity in plea bargaining and civil rights claims10 citing caseshis retained counsel in the murder case. His amended complaint alleged that his attorney conspired with the state trial judge and the prosecutor during the…opening of page *781 (no citing court says what it cites this page for) · 9 listed here
  • Wearry v. Foster, 33 F.4th 260 (5th Cir. 2022).published
    Humble v. Foreman, 563 F.2d 780, 781 (5th Cir. 1977), overruled on other grounds by Sparks v. Duval Cty.
  • Suzanne Wooten v. John Roach, Sr., 964 F.3d 395 (5th Cir. 2020).published
    “We consider plea bargaining activities to be intimately associated with the judicial phase of the criminal process . . . .” Humble v. Foreman, 563 F.2d 780, 781 (5th Cir. 1977) (cleaned up), overruled on other grounds, Sparks v. Duval Cty.
  • Ingvoldstad v. Est. of Young, 19 V.I. 115 (D.V.I. 1982).published
    In Humble v. Foreman, 563 F.2d 780, 781 (5th Cir.) rehearing denied, 566 F.2d 106 (1977), for instance, a claim against defense counsel for ineffective assistance and representation was treated as sounding in tort because it was similar to…
  • Sincox v. Blackwell, 525 F. Supp. 96 (W.D. La. 1981).published
    Kissinger v. Foti, 544 F.2d 1257, 1258 (5th Cir. 1977); Knowles v. Carson, 419 F.2d 369, 370 (5th Cir. 1969).” Humble v. Foreman, supra, at 781.
  • Lopez v. Droney, 2 Mass. Supp. 533 (D. Mass. 1981).published
    Mass. May 21, 1981); Henzel v. Gerstein, 608 F.2d 654, 657 (5th Cir. 1979); or as plea-bargaining activity, see, Taylor v. Kavanagh, 640 F.2d 450, 453 (2d Cir. 1981); Humble v. Foreman, 563 F.2d 780, 781 (5th Cir. 1977); Miller v. Barilla,…
  • Juan A. Marrero & Maria Marrero v. City of Hialeah, Etc., 625 F.2d 499 (5th Cir. 1980).published
    See, e. g., Henzel v. Gerstein, 608 F.2d 654 , 657 & n. 4 (5th Cir. 1979); Humble v. Foreman, 563 F.2d 780, 781 (5th Cir. 1977); Bruce v. Wade, 537 F.2d 850, 852 (5th Cir. 1976).
  • Sparkman v. McFarlin, 601 F.2d 261 (7th Cir. 1979).published 2 cites
    Third Circuit: Waits v. McGowan, 516 F.2d 203, 205 (1975); Fifth Circuit: Guedry v. Ford, 431 F.2d 660 , 664 (1970) (adopting district court opinion); Hill v. McClellan, 490 F.2d 859, 860 (1974); Humble v. Foreman, 563 F.2d 780, 781 (1977)…
  • Winton v. Burton, 582 F. Supp. 1044 (E.D. Tex. 1984).published
    See Humble v. Foreman, 563 F.2d 780, 781 (5th Cir.1977) (Louisiana law); Smith v. Avance, 553 F.Supp. 434, 437 (E.D.Tex.), aff'd, 683 F.2d 415 (5th Cir.1982) .
  • Donald Smith v. Angel Myers, No. 17-60245 (5th Cir. Aug. 8, 2018).unpublished
    Loupe v. O’Bannon, 824 F.3d 534, 539 (5th Cir. 2016) (internal quotation marks and citation omitted); see also Humble v. Foreman, 563 F.2d 780, 781 (5th Cir. 1977), overruled on other 2 Case: 17-60245 Document: 00514591398 Page: 3 Date Fil…
Other citing cases1 with no pin cite or quoted language on record
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Donald R. HUMBLE, Plaintiff-Appellant,
v.
Percy FOREMAN, Attorney-At-Law, Defendant-Appellee
77-2644.
Court of Appeals for the Fifth Circuit.
Nov 23, 1977.
Published opinion
563 F.2d 780
1977 U.S. App. LEXIS 5910
Donald R. Humble, pro se., Percy Foreman, pro se., Mike DeGeurin, Dick DeGeurin, Attys., Houston, Tex., Leander H. Perez, Jr., Dist. Atty., 25th Jud. Dist., Chalmette, La., for defendant-appellee.
Thornberry, Roney, Hill.
Cited by 27 opinions  |  Published
PER CURIAM:

Appellant Humble, who is now serving two life terms in Louisiana State Prison after pleading guilty to two counts of murder in 1967, brought this pro se civil rights action pursuant to 42 U.S.C. § 1983 against[*781] his retained counsel in the murder case. His amended complaint alleged that his attorney conspired with the state trial judge and the prosecutor during the plea bargaining process, resulting in ineffective assistance of counsel.

The district court, in a thorough opinion, dismissed the complaint. We affirm.

Appellant seeks to find the requisite state action in the participation of the state trial judge and prosecutor in the alleged conspiracy. However, if the co-conspirators would be immune from § 1983 liability, then appellant’s claim must fail because his retained counsel, a private citizen, would not have conspired with persons acting under color of law against whom a valid claim could be stated. Guedry v. Ford, 431 F.2d 660, 664 (5th Cir. 1970); Hill v. McClellan, 490 F.2d 859, 860 (5th Cir. 1974). The trial judge is absolutely immune from civil liability, Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967). Similarly, prosecutors are cloaked with such immunity while pursuing their prosecutorial activities. Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976). This Court has applied Imbler to a prosecutor’s decision to seek an indictment and his presentation of witnesses and documentary evidence, Bruce v. Wade, 537 F.2d 850 (5th Cir. 1976), and, tangentially, to his involvement in accepting a guilty plea. Conner v. Pickett, 552 F.2d 585 (5th Cir. 1977). We consider plea bargaining activities to be “intimately associated with the judicial phase of the criminal process,” Imbler, supra, 424 U.S. at 430, 96 S.Ct. at 995, and thus within the Imbler umbrella. As the district court pointed out, the product of such bargaining often is a conviction, in a court of law, for which the offender is sentenced. This is one manner in which the prosecutor represents the interests of the state in the judicial process.

Even if there initially were a claim, it has been lost via expiration of time. Because Congress has not provided a statute of limitations for § 1983 claims, the applicable statute of limitations is that which the Louisiana courts would apply if suit for similar relief had been brought in state court. Ingram v. Steven Robert Corp., 547 F.2d 1260, 1261 (5th Cir. 1977); Shaw v. McCorkle, 537 F.2d 1289, 1291-93 (5th Cir. 1976).

Louisiana courts would label this action as one in tort, for the basic allegation that the defense attorney rendered ineffective assistance because of his involvement in the alleged conspiracy is similar to a tort claim of legal malpractice. See La.Civil Code Art. 2315; Ramp v. St. Paul Fire & Marine Ins. Co., 263 La. 774, 269 So.2d 239 (1972); Muse v. St. Paul Fire & Marine Ins. Co., 328 So.2d 698 (La.App.1976). The prescription period is thus one year, La.Civil Code Art. 3536, and this action is barred. The fact that Louisiana does not provide for tolling of the statute of limitations for such a claim during a party’s incarceration is irrelevant. Kissinger v. Foti, 544 F.2d 1257, 1258 (5th Cir. 1977); Knowles v. Carson, 419 F.2d 369, 370 (5th Cir. 1969).

AFFIRMED.