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Szijarto v. Legeman

United States Court of Appeals, Ninth Circuit
Aug 24, 1972
466 F.2d 864 (9th Cir. 1972)

Summary

holding attorney representing criminal defendant, "whether retained or appointed, does not act 'under color of state law" for purposes of 42 U.S.C. § 1983

Summary of this case from Torres v. Becton

Opinion

No. 71-2751.

August 24, 1972.

Victor Frank Szijarto, in pro. per.

Charles F. Legeman, in pro. per.

Appeal from the United States District Court for the Central District of California.

Before KOELSCH, ELY and TRASK, Circuit Judges.


We affirm the dismissal of plaintiff's action.

Plaintiff's claim was one for damages, and purportedly rested upon the Civil Rights Act ( 42 U.S.C. § 1983). His allegations in substance were that defendant, an attorney whom plaintiff had retained, failed to render him reasonable assistance during a state criminal trial, to plaintiff's injury.

But this Circuit, in common with others, has held that such a claim is not within the purview of the Civil Rights Act, the reason being that an attorney, whether retained or appointed, does not act "under color of" state law. Hence, the claim is not one coming within the jurisdiction of the district court. Dyer v. Rosenberg, 434 F.2d 648 (9th Cir. 1970); Fletcher v. Hook, 446 F.2d 14 (3rd Cir. 1971); Mulligan v. Schlachter, 389 F.2d 231 (6th Cir. 1968); and see French v. Corrigan, 432 F.2d 1211 (7th Cir. 1970).


Summaries of

Szijarto v. Legeman

United States Court of Appeals, Ninth Circuit
Aug 24, 1972
466 F.2d 864 (9th Cir. 1972)

holding attorney representing criminal defendant, "whether retained or appointed, does not act 'under color of state law" for purposes of 42 U.S.C. § 1983

Summary of this case from Torres v. Becton

holding that a claim of ineffective assistance of a retained trial attorney was not a cognizable claim under § 1983 because "an attorney, whether retained or appointed, does not act 'under color of' state law."

Summary of this case from Cabrera v. Barrett

holding attorney representing criminal defendant, "whether retained or appointed, does not act 'under color of state law" for purposes of 42 U.S.C. § 1983

Summary of this case from Torres v. Becton

holding that a claim of ineffective assistance of a retained trial attorney was not a cognizable claim under § 1983 because "an attorney, whether retained or appointed, does not act 'under color of' state law."

Summary of this case from Frazier v. Matteson

holding that "an attorney, whether retained or appointed, does not act 'under color of state law."

Summary of this case from Davis v. Sherman

holding attorney representing criminal defendant, "whether retained or appointed, does not act 'under color of' state law" for purposes of 42 U.S.C. § 1983

Summary of this case from Torres v. Becton

holding that an action under the Civil Rights Act for damages against defendant's retained attorney for alleged failure to render him reasonable assistance was not within the jurisdiction of district court

Summary of this case from Ward v. Waldron

affirming dismissal of § 1983 claim, where plaintiff based claim on allegation his retained attorney "failed to render him reasonable assistance during a state criminal trial"

Summary of this case from Wood v. Cnty. of Costa Cnty.

In Szijarto, we said that when a plaintiff brings a § 1983 action against one who does not act under color of state law, "the claim is not coming within the jurisdiction of the district court."

Summary of this case from Franklin v. Oregon
Case details for

Szijarto v. Legeman

Case Details

Full title:VICTOR FRANK SZIJARTO, PLAINTIFF-APPELLANT, v. CHARLES F. LEGEMAN…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 24, 1972

Citations

466 F.2d 864 (9th Cir. 1972)

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Wood v. Cnty. of Costa Cnty.

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Wilson v. Mount Diablo Unified Sch. Dist.

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