Arnold R. Duncan v. Cindy Pope, 805 F.2d 1034 (6th Cir. 1986). · Go Syfert
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Arnold R. Duncan v. Cindy Pope, 805 F.2d 1034 (6th Cir. 1986). Cases Citing This Book View Copy Cite
43 citation events (7 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" United States v. Vasquez
6th Cir. · 2009 · signal: see · confidence high
See Jones v. Tennessee Eastman Co., 805 F.2d 1034 (6th Cir.1986) (unpublished) (holding that the defendant’s refusal to cooperate with counsel did not constitute good cause for substitution of counsel and that the trial court was within its sound discretion to deny such a motion); see also Plumlee v. Masto, 512 F.3d 1204, 1211 (9th Cir.2008) (holding that the Sixth Amendment is not violated where “a defendant is represented by a lawyer free of actual conflicts of interest, but with whom the defendant refuses to cooperate because of dislike or distrust”).
cited Cited "see" Elmer Hix v. Director, Office of Workers' Compensation Programs and United States Department of Labor
6th Cir. · 1987 · signal: see · confidence high
See Honaker v. Benefits Review Board, No. 85-3960 (6th Cir. Oct. 20,1986) (unpublished per curiam) [ 805 F.2d 1034 (Table) ].
cited Cited "see, e.g." Brown v. Palmer
E.D. Mich. · 2005 · signal: see also · confidence low
Brinlee v. Crisp, 608 F.2d 839, 852-53 (10th Cir.1979); See also Hines v. Redman, 805 F.2d 1034 , 1986 WL 18068, * 2 (6th Cir. October 30,1986).
cited Cited "see, e.g." Walter A. Tolliver v. William Dallman
6th Cir. · 1995 · signal: see, e.g. · confidence low
See, e.g., Jones v. Tennessee, 805 F.2d 1034 (6th Cir.1986) (unpublished decision); Scott v. Dahlberg, 1990 U.S.App.
Retrieving the full opinion text from the archive…
Arnold R. Duncan
v.
Cindy Pope
85-5505.
Court of Appeals for the Sixth Circuit.
Oct 8, 1986.
805 F.2d 1034
Unpublished

805 F.2d 1034

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Arnold R. DUNCAN, Plaintiff-Appellant,
v.
Cindy POPE, Defendant-Appellee.

No. 85-5505.

United States Court of Appeals, Sixth Circuit.

Oct. 8, 1986.

Before MERRITT, GUY and NORRIS, Circuit Judges.

ORDER

1

This Tennessee state prisoner appeals from a district court judgment dismissing his suit filed under 42 U.S.C. Sec. 1983 for failure to state a violation of his constitutional rights.

2

Seeking monetary relief, plaintiff sued a probation officer claiming that she had defamed the plaintiff by testifying against the plaintiff in a criminal proceeding and telling a news reporter afterwards that he had been involved in criminal activity since he was twelve years old and had a lengthy criminal record.

3

Upon review of the cause in light of the arguments made by the parties in their respective appellate briefs, this Court concludes that the district court properly dismissed plaintiff's complaint for the reasons stated by it. A claim for defamation is clearly not cognizable under the Federal Constitution and is, therefore, not actionable under 42 U.S.C. Sec. 1983. Paul v. Davis, 424 U.S. 693 (1976); Naegele Outdoor Advertising Co. of Louisville v. Moulton, 773 F.2d 692 (6th Cir.1985), cert. denied, 106 S.Ct. 1639 (1986). To the extent the defendants' statements were made in her capacity as a witness in a court proceeding, she also enjoys absolute immunity from a suit for damages. Briscoe v. LaHue, 460 U.S. 325 (1983).

4

For these reasons, this panel unanimously agrees that oral argument is not necessary in this appeal. Rule 35(a), Federal Rules of Appellate Procedure. The district court's judgment is, accordingly, affirmed pursuant to Rule 9(d)(3), Rules of the Sixth Circuit.