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Deas v. Potts

United States Court of Appeals, Fourth Circuit
Dec 14, 1976
547 F.2d 800 (4th Cir. 1976)

Summary

holding private attorney retained to represent criminal defendant was not acting under color of state law

Summary of this case from Anderson v. Richmond Cnty. Jail

Opinion

No. 76-2390.

Formerly 76-8258.

Submitted October 1, 1976.

Decided December 14, 1976.

Joseph Deas, Jr., appellant pro se.

Jack Potts, appellee pro se.

Appeal from the United States District Court for the Western District of North Carolina.

Before RUSSELL, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.



Joseph Deas, Jr., seeks to sue under 42 U.S.C. § 1983 the attorney whom he retained to represent him in a criminal matter. He alleges that his representation operated to deprive him of his constitutionally guaranteed right to the effective assistance of counsel, and, further, that the defendant failed to return $1,000 to Deas after he was discharged. The complaint seeks recovery of this $1,000 as well as additional amounts in compensatory and punitive damages.

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. Nelson v. Stratton, 469 F.2d 1155 (5th Cir. 1972), cert. denied, 410 U.S. 957, 93 S.Ct. 1432, 35 L.Ed.2d 691 (1973); Szijarto v. Legeman, 466 F.2d 864 (9th Cir. 1972); Shelton v. Randolph, 373 F. Supp. 448 (W.D.Va. 1974). Deas may — if he so desires — attack his conviction on the basis of ineffective representation of counsel by filing pursuant to 28 U.S.C. § 2254 a petition for writ of habeas corpus.

Accordingly, leave to proceed in forma pauperis is granted and the judgment of the district court is affirmed.


Summaries of

Deas v. Potts

United States Court of Appeals, Fourth Circuit
Dec 14, 1976
547 F.2d 800 (4th Cir. 1976)

holding private attorney retained to represent criminal defendant was not acting under color of state law

Summary of this case from Anderson v. Richmond Cnty. Jail

holding privately retained attorneys hired to represent criminal defendants do not act under color of state law

Summary of this case from Amey v. Traylor

holding that retained defense attorney was not a state actor

Summary of this case from Inman v. Cosby

holding that retained defense attorney was not a state actor

Summary of this case from Webb v. Allison

holding that private criminal defense attorney performing his duties did not act under color of state law

Summary of this case from Kolle v. Grigg

finding that private attorney does not act under color of state law

Summary of this case from Greene v. Young

finding private attorney does not act under color of state law

Summary of this case from Greene v. Young

finding private attorney does not act under color of state law

Summary of this case from Greene v. Young

finding that a private attorney who is hired to represent a criminal defendant does not act under color of state law

Summary of this case from Mixson v. Torres

affirming dismissal of 42 U.S.C. § 1983 action against retained counsel

Summary of this case from Stout v. Duall

affirming dismissal of § 1983 action against retained counsel

Summary of this case from Williams v. Cooper

affirming dismissal of § 1983 action against retained counsel

Summary of this case from Wiley v. Newman

affirming dismissal of § 1983 action against retained counsel

Summary of this case from Hedgepeth v. Wilkes C.

affirming dismissal of § 1983 action against retained counsel

Summary of this case from Benton v. Murray

affirming dismissal of §1983 action against retained counsel

Summary of this case from Jones v. Kolb

affirming dismissal of § 1983 action against retained counsel

Summary of this case from Robinson v. Underwood

affirming dismissal of § 1983 action against retained counsel

Summary of this case from WILLIAMS v. EXUM

affirming dismissal of §1983 action against retained counsel

Summary of this case from Mahmood v. Driggers

affirming dismissal of § 1983 action against privately retained counsel

Summary of this case from Gordon v. Huncke

affirming dismissal of § 1983 action against privately retained counsel

Summary of this case from Lilley v. Redman

affirming dismissal of 42 U.S.C. § 1983 action against retained counsel

Summary of this case from Farlow v. Stewart

affirming dismissal of 42 U.S.C. § 1983 action against retained counsel

Summary of this case from Armstrong v. Monaghan

affirming dismissal of 42 U.S.C. § 1983 action against retained counsel

Summary of this case from Henderson v. Jones

affirming dismissal of 42 U.S.C. § 1983 action against retained counsel

Summary of this case from Harding v. Culler

affirming dismissal of 42 U.S.C. § 1983 action against retained counsel

Summary of this case from Wiley v. State
Case details for

Deas v. Potts

Case Details

Full title:JOSEPH DEAS, JR., APPELLANT, v. ATTORNEY JACK POTTS, APPELLEE

Court:United States Court of Appeals, Fourth Circuit

Date published: Dec 14, 1976

Citations

547 F.2d 800 (4th Cir. 1976)

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