Legal Opinion
Black v. Bayer
Court of Appeals for the Third Circuit
Decided February 8, 1982No. Nos. 81-1646, 81-1763 and 81-1926PublishedCited by 54 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
In Polk County v. Dodson, — U.S. —, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981), the Supreme Court held that a public defender does not act “under color of state law” for purposes of 42 U.S.C. § 19831 when performing a lawyer’s traditional function as counsel to an indigent defendant in a state criminal proceeding. Determining that the defender did not act under color of law, the Court did not meet the question of whether she enjoyed absolute or qualified immunity from civil liability.
The appeals before us stem from three separate actions brought by former…
2Cases cited42 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Stump v. SparkmanSupreme Court of the United States · 1978
37 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Scott v. Greenville CountyCourt of Appeals for the Fourth Circuit · 1983
- Hauptmann v. WilentzDistrict Court, D. New Jersey · 1983
- Robert F. Davis v. James Grusemeyer, Raymond Gurak, Donald Yingling, David v. Brody, and Charles E. WaldronCourt of Appeals for the Third Circuit · 1993
- D.R., a Minor Child, by Her Parent and Natural Guardian, L.R., and L.R., Individually and in Her Own Right, No. 91-1136 v. Middle Bucks Area Vocational Technical School, William Goode, James C. Bazzel, Martha Richino, Susan Peters, Bucks County Intermediate Unit No. 22, Christina Tuttle, Penn Ridge School District, Charles Fambro, Fred Freeman, James A. Gallagher, Brian Miller, Marc R. Ratcliffe, James M. Sperling, Lester Sutphin. L.H., Bucks County, Pennsylvania, No. 91-1137 v. Middle Bucks Area Vocational Technical School, and William Goode and James C. Bazzel and Martha Richino and Susan Peters and James A. Gallagher and Brian Miller and Marc R. Ratcliffe and James M. Sperling and Lester SutphinCourt of Appeals for the Third Circuit · 1992
- Clara Barnard v. John Mark Young A/K/A John Young, Jr., and Dr. Robert O'toole, Superintendent of Eastern State Hospital of Vinita, OklahomaCourt of Appeals for the Tenth Circuit · 1983
49 more not listed; retrieve them via the Exa API.