469 F.2d 1155 - Nelson v. Stratton — 469 F.2d 1155

How this case has been cited

Cited by 14 later decisions — most recently November 1995

11 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Summary Calendar.*

¶2Thomas Wesley Nelson, pro se.

¶3Eugene Y. Stratton, pro se.

¶4Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

¶6PER CURIAM:

¶7Thomas Wesley Nelson has appealed from the district court’s dismissal of his Civil Rights1 complaint which named as defendant the attorney who represented him in a criminal ease. We affirm the ruling below.

¶8The appellant has alleged that the attorney did not accord effective legal representation in several enumerated respects, as the result of which Nelson was convicted of a felony in a Texas state court. Nelson further alleges that the attorney was retained for him by his former employer.

¶9The district court held that the complaint failed to state a claim under 42 U.S.C. § 1983, since a retained counsel is not acting under color of state law within the purview of the statute. We agree. United States ex rel. Gittlemacker v. Commonwealth of Pa., E.D. Pa.1968, 281 F.Supp. 175, affirmed 3rd Cir. 1969, 413 F.2d 84, cert. denied 396 U.S. 1046, 90 S.Ct. 696, 24 L.Ed.2d 691. Our statement in O’Brien v. Colbath, 5th Cir. 1972, 465 F.2d 358, [1972] that “in our opinion [§ 1983] was never intended as a vehicle for prosecuting malpractice suits against court-appointed attorneys” is all the more applicable to suits against one’s former privately-retained counsel. The order appealed from is affirmed.

¶10Affirmed.