Does a public defender have to act under color of state law?
MultiRegion, United States of America
The following excerpt is from Simmons v. Ayers, 878 F.2d 386 (9th Cir. 1989):
For purposes of 42 U.S.C. Sec. 1983, a person acts under color of state law only when exercising power "possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law." Polk County v. Dodson, 454 U.S. 312, 317-318 (1981) (holding that a public defender does not act under color of state law for purposes of section 1983 when performing a lawyer's traditional functions as counsel to a defendant in a criminal proceeding).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a public defender act under color of state law? (MultiRegion, United States of America)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (MultiRegion, United States of America)
What is a cause of action against a person who acts under color of state law who has violated rights guaranteed by the United States Constitution? (MultiRegion, United States of America)
Can a state involuntarily administer antipsychotic drugs to a mentally ill defendant facing serious criminal charges to render that defendant competent to stand trial? (MultiRegion, United States of America)
Does a state-prison employee act under color of state law? (MultiRegion, United States of America)
What is the test for whether a state employee is acting under color state law when acting in his official capacity? (MultiRegion, United States of America)
Can a public official be found to have acted under color of state law while off duty? (MultiRegion, United States of America)
Is a defendant acting "under the color of state law" a violation of Section 1983 of the Federal Civil Rights Act? (MultiRegion, United States of America)
Can a defendant be held liable for violating a plaintiff's constitutional rights by acting under color of state law? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
